Abstract
In August 2014 the Court of Appeal for Ontario handed down two decisions concerned with the constitutional status of the Crown in Canada in relation to freedom of conscience and religion pursuant to the Canadian Charter of Rights and Freedoms. In one decision,Teskey v Canada (Attorney General), the court denied that the UK legislative changes to the succession rules to which Canada agreed constituted an infringement of the religious equality rights of a Canadian Roman Catholic pursuant to section 15 (the equality provision) of the Charter. In the other decision,McAteer v Canada (Attorney General)the court denied that the statutory requirement that a person take an oath to Her Majesty as Queen of Canada to obtain Canadian citizenship constituted an infringement of the freedoms of conscience, religion and expression provisions in sections 2(a) and 2(b) of the Charter of persons who regarded her as an ‘Anglican Queen’.
Published Version
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