Ruling (.pdf) - International Center for Law and Religion Studies

And so they have gay and lesbian staff that are fully welcome,where they get benefits even before it was required in law, andthey welcome the gay and lesbian community. So we have awonderful -- now I hear great stories about St. Mike's Hospitaland how they're accommodating the gay and lesbiancommunity.[198] Christian Horizons argues that the practices and policies of other organizationsare not relevant. It relies on Amselem in support of its position that, as a religiousorganization, it is entitled to its beliefs, and courts and tribunals should not question orrequire it to compromise those beliefs.[199] The Court in Amselem did say that courts and tribunals should not questionsincerely held religious beliefs, or question whether the beliefs require certain practices.However the Court in Amselem also said, following a long line of jurisprudence startingwith the decision of Mr. Justice Dickson in Big M., supra, that:2008 HRTO 22 (CanLII)61. In this respect, it should be emphasized that not everyaction will become summarily unassailable and receiveautomatic protection under the banner of freedom of religion.No right, including freedom of religion, is absolute: see, e.g., BigM, supra; P. (D.) v. S. (C.), [1993] 4 S.C.R. 141, at p. 182 B.(R.)v. Children's Aid Society of Metropolitan Toronto, [1995] 1S.C.R. 315, at para. 226; Trinity Western University v. BritishColumbia College of Teachers, [2001] 1 S.C.R. 772, 2001 SCC31 [39 C.H.R.R. D/357], at para. 29. This is so because we livein a society of individuals in which we must always take therights of others into account. In the words of John Stuart Mill:"The only freedom which deserves the name, is that of pursuingour own good in our own way, so long as we do not attempt todeprive others of theirs, or impede their efforts to obtain it": J. S.Mill, On Liberty and Considerations on RepresentativeGovernment (1946), at p. 11. In the real world, oftentimes thefundamental rights of individuals will conflict or compete withone another.62. Freedom of religion, as outlined above, quiteappropriately reflects a broad and expansive approach toreligious freedom under both the Quebec Charter and theCanadian Charter and should not be prematurely narrowlyconstrued. However, our jurisprudence does not allowindividuals to do absolutely anything in the name of that60