Free Religions or Freedom from Religion? Canada, Federalism and Religion

Abstract

This article explores whether it is possible to accept different conceptions of freedom of religion within Canada and whether such difference in conceptions could be articulated around provincial lines. The article examines the question whether it is possible to articulate a framework for a secular society (free from religion) within the Canadian constitutional arrangement which has, up to now, preferred a model of plurality of religions (free religions). The question raises issues about the role of religion in Canadian history, the Canadian constitutional model for the protection of human rights within a federal structure. The author makes the claim that the Canadian constitutional arrangements do not prescribe uniformity in human rights compliance. Indeed, differences do exist and will continue to do so. However, when one analyzes the judicial debates surrounding freedom of religion, one must conclude that although it may be possible to articulate different visions of freedom of religion, it is unrealistic and probably ill-advised to do so in light of Canadian and Quebec history. Many may now want to be -- free from religions -- instead of recognizing the freedom of all religions to be manifested publicly, but such legal development would represent a significant departure from the present position. Indeed, the weight of history tends to create a preference for a constitutional model of plurality of religions, neutrality of the State and an attempt, rather meek and hesitant at times, toward equal treatment of the religious affiliations of all inhabitants, rather than a model of a rigid secularity.