April 15, 2015
On April 15, 2015 the Supreme Court of Canada decided the City of Saguenay’s recitation of a religious – though non-denominational – prayer before public Council meetings is discriminatory and breaches its duty of neutrality. Technically, this decision doesn’t say that every religious prayer or practice will breach a state authority’s duty of neutrality. A person who complains about a practice has to satisfy the legal test, so each case will be based on the particular evidence. But given this case involved a non-denominational religious prayer, it’s hard to imagine a religious practice that wouldn’t breach the duty of neutrality.
A municipal council or other government authority that includes any religious practice or symbol in a proceeding should review it now. The decision is relevant across Canada even though it’s based on the Quebec Charter: every Canadian Province and Territory has human rights legislation prohibiting discrimination on the basis of religion, and every law in Canada must comply with the Canadian Charter of Rights and Freedoms’ protection of freedom of religion.
The City of Saguenay’s council meetings began with the mayor reciting a prayer and a blessing in a microphone while crossing himself; other councillors and city officials did the same. There were religious symbols in Council chambers. Mr. Simoneau, an atheist who regularly attends the meetings, objected to the practice and symbols. The City subsequently adopted a by-law regulating the practice, but making the wording non-denominational and adding a short delay between it and the official start of Council proceedings. Mr. Simoneau sued the City, claiming the practice and the by-law was discriminatory because it interfered with his freedom of conscience and religion under the Quebec Charter and breached the City’s duty of neutrality. The SCC agreed. Its decision gives a municipal council or other government authority that includes any religious practice or symbol in a proceeding three reasons to review it now:
Read the SCC’s decision in Mouvement laïque québécois v. Saguenay (City), 2015 SCC 16.
Please contact your McInnes Cooper lawyer or any member of our McInnes Cooper Municipal Law Team or our Public Law Team to discuss this topic or any other legal issue.
McInnes Cooper has prepared this document for information only; it is not intended to be legal advice. You should consult McInnes Cooper about your unique circumstances before acting on this information. McInnes Cooper excludes all liability for anything contained in this document and any use you make of it.
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