Amber Aamer
Background
The case of Multani v. Commission Scolaire Marguerite-Bourgeoys unfolded in 2006, involving an Orthodox Sikh appellant who asserted his constitutional right to wear a kirpan, a ceremonial metal dagger, as mandated by his religious beliefs. The dispute arose when the appellant's school, despite proposing an agreement allowing him to wear the kirpan under specific conditions, faced resistance from the governing board citing a school-wide prohibition on carrying weapons.
Facts
The appellant, an Orthodox Sikh, considered it a religious duty to wear a kirpan.
The school proposed an agreement permitting kirpan use if concealed, which the appellant and his parents accepted.
The governing board refused consent, contending it violated the school's weapons prohibition.
Legal Issue
Whether the school's refusal to permit the appellant to wear a kirpan, based on the school's prohibition of weapons, infringed upon the appellant's freedom of religion under section 2(a) of the Canadian Charter of Rights and Freedoms.
Procedural Posture
1. Superior Court: Granted a declaration in favor of the appellant, asserting a violation of section 2(a) Charter rights.
2. Quebec Court of Appeal: Reversed the declaration, holding that while the appellant's section 2(a) rights were infringed, the infringement was justified under section 1 of the Charter due to the need to protect others' rights at the school.
3. Supreme Court of Canada: Granted the appeal, overturning the Court of Appeal's decision.
Legal Analysis
1. Section 2(a) Freedom of Religion: The Supreme Court held that the restriction on wearing the kirpan constituted an infringement of the appellant's section 2(a) Charter rights.
2. Section 1 Reasonable Limits Clause: The Quebec Court of Appeal justified the infringement under section 1, citing the need to protect the rights of others at the school.
The Supreme Court rejected this justification, deeming the restriction not minimally impairing.
3. Section 15 Equality Rights: The Supreme Court found an additional infringement on the appellant's section 15 equality rights, as the interference deprived him of attending school in line with his religious beliefs.
4. Symbolism vs. Violence: The Court rejected the notion that the kirpan represents violence, emphasizing its religious symbolism without any intended harm.
5. Minimally Impairing Test
The Minimally Impairing Test is a section of the Oakes test. This test is used to determine whether the Court is reasonably limiting the Charter rights of an individual. If Charter rights are being infringed upon, the Court must provide evidence that the infringement is as minimal as possible.
Despite the pressing and substantial objective of promoting school safety, the interference was not minimally impairing as it denied the appellant the ability to attend school while adhering to his religious beliefs.
Ruling
The Supreme Court declared the governing board's decision null and void, upholding the appellant's right to wear the kirpan on specific conditions. The Court emphasized the importance of balancing religious freedoms with the objective of ensuring safety within educational institutions.
Implications
This case is pivotal in defining the delicate balance between allowing citizens to freely practice their religion and ensuring the safety of all individuals within societal institutions. The judgment underscores the promotion of social inclusion by accommodating diverse religious practices while addressing concerns related to safety and security.
Link to complete citations: https://docs.google.com/document/d/1uBVF4mJUYasuf-eewDAyV0VfpxxDyJz9IiVPP9lFPOg/edit?usp=sharing
Bibliography
“Multani V. Commission Scolaire Marguerite-Bourgeoys - SCC Cases." Decisions and Resources - SCC Cases. Last modified November 27, 2023. https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/15/index.do.
“Section 1 – Reasonable Limits." Language Selection - Department of Justice / Sélection De La Langue - Ministère De La Justice. Last modified June 29, 2023. https://www.justice.gc.ca/eng/csj-sjc/rfc-dlc/ccrf-ccdl/check/art1.html.
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