SUPREME
COURT OF CANADA
Citation: S.L. v. Commission scolaire des Chênes, 2012 SCC 7, [2012]
1 S.C.R. 235
|
Date: 20120217
Docket: 33678
|
Between:
S.L.
and D.J.
Appellants
and
Commission
scolaire des Chênes and Attorney General of Quebec
Respondents
-
and -
Christian Legal
Fellowship, Canadian Civil Liberties Association,
Coalition
pour la liberté en éducation, Evangelical Fellowship of Canada,
Regroupement
Chrétien pour le droit parental en éducation,
Canadian
Council of Christian Charities, Fédération des commissions
scolaires du
Québec and Canadian Catholic School Trustees’
Association
Interveners
Official English Translation
Coram: McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella,
Charron, Rothstein and Cromwell JJ.
Reasons
for Judgment:
(paras. 1 to 43)
Concurring
Reasons:
(paras. 44 to 59)
|
Deschamps J. (McLachlin C.J. and Binnie,
Abella, Charron, Rothstein and Cromwell JJ. concurring)
LeBel J. (Fish J. concurring)
|
S.L. v. Commission scolaire des Chênes, 2012 SCC 7, [2012] 1
S.C.R. 235
S.L. and D.J.
Appellants
v.
Commission scolaire des Chênes and
Attorney General of Quebec Respondents
and
Christian Legal Fellowship,
Canadian Civil Liberties Association,
Coalition pour la liberté en éducation,
Evangelical Fellowship of Canada,
Regroupement Chrétien pour le droit
parental en éducation,
Canadian Council of Christian Charities,
Fédération des commissions scolaires du
Québec and
Canadian
Catholic School Trustees’ Association Interveners
Indexed as: S.L. v. Commission scolaire des Chênes
2012 SCC 7
File No.: 33678.
2011: May 18; 2012: February 17.
Present: McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella,
Charron, Rothstein and Cromwell JJ.
on appeal from the court of appeal for quebec
Constitutional
law — Charter of Rights — Freedom of religion — Schools — Mandatory ethics and
religious culture program — Burden of proof at stage of demonstrating infringement
of right to freedom of religion — Objective proof of interference with practice
or belief — Parents sincerely believing in obligation to pass on precepts of
Catholic religion to children — Whether ethics and religious culture program
objectively interfering with parents’ ability to pass on faith to children —
Whether parents demonstrating that program infringed their freedom of
conscience and religion protected by s. 2 (a) of the Canadian Charter of Rights
and Freedoms — Whether refusal of school board to exempt children from ethics
and religious culture course infringed their constitutional right.
Human rights — Freedom of religion — Schools —
Mandatory ethics and religious culture program — Whether parents demonstrating
that program infringed their freedom of conscience and religion protected by s. 3
of the Charter of human rights and freedoms, R.S.Q., c. C‑12.
Administrative
law — Judicial review — School authorities — Parents requesting that
school board exempt their children from ethics and religious culture course to
avoid causing them serious harm — Requests for exemption denied — Whether
decision of school board made at dictate of third party — Education Act,
R.S.Q., c. I‑13.3, s. 222.
In 2008, the Ethics and Religious Culture (“ERC”) Program became
mandatory in Quebec schools, replacing Catholic and Protestant programs of
religious and moral instruction. L and J requested that the school board exempt
their children from the ERC course putting forward the existence of serious
harm to the children within the meaning of s. 222 of the Education Act.
The director of educational resources for young students denied the exemptions.
L and J requested that the school board’s council of commissioners reconsider
that decision, and the council of commissioners upheld this decision. L and J
then turned to the Superior Court seeking both a declaration that the ERC
Program infringed their and their children’s right to freedom of conscience and
religion, and judicial review of the decisions denying their requests for
exemption from the ERC course. They claimed that these decisions had been made
at the dictate of the Ministère de l’Éducation, du Loisir et du Sport
(“Ministère”). The Superior Court dismissed the motion for declaratory
judgment and the motion for judicial review. Upon motions being brought by the
school board and the Attorney General of Quebec to dismiss the appeal, the
Court of Appeal refused to hear L and J’s appeal as of right and also dismissed
their motion for leave to appeal.
Held:
The appeal should be dismissed.
Per
McLachlin C.J. and Binnie, Deschamps, Abella, Charron, Rothstein and
Cromwell JJ.: Although the sincerity of a person’s belief that a
religious practice must be observed is relevant to whether the person’s right to
freedom of religion is at issue, an infringement of this right cannot be
established without objective proof of an interference with the observance of
that practice. It is not enough for a person to say that his or her rights
have been infringed. The person must prove the infringement on a balance of
probabilities.
In
the present case, L and J sincerely believe that they have an obligation to
pass on the precepts of the Catholic religion to their children. The sincerity
of their belief in this practice is not challenged. To discharge their burden
at the stage of proving an infringement, L and J had to show that, from an
objective standpoint, the ERC Program interfered with their ability to pass
their faith on to their children. In this regard, they claim that the ERC
Program is not in fact neutral and that students following the ERC course would
be exposed to a form of relativism which would interfere with their ability to
pass their faith on to their children. They also maintain that exposing children
to various religious facts is confusing for them. The evidence demonstrates,
firstly, that the Ministère’s formal
purpose does not appear to have been to transmit a philosophy based on
relativism or to influence young people’s specific beliefs. Exposing children
to a comprehensive presentation of various religions without forcing the
children to join them does not constitute an indoctrination of students that
would infringe the freedom of religion of L and J. Furthermore, the early
exposure of children to realities that differ from those in their immediate
family environment is a fact of life in society. The suggestion that exposing
children to a variety of religious facts in itself infringes their religious
freedom or that of their parents amounts to a rejection of the multicultural
reality of Canadian society and ignores the Quebec government’s obligations
with regard to public education.
L
and J have not proven that the ERC Program infringed
their freedom of religion, or consequently, that the school board’s refusal to
exempt their children from the ERC course violated their constitutional right.
They have also shown no error that would justify setting aside the trial
judge’s conclusion that the school board’s decision was not made at the dictate
of a third party.
Per
LeBel and Fish JJ.: The violation claimed by L
and J to their right to freedom of religion concerned the obligations of
parents relating to the religious upbringing of their children and the passing
on of their faith. Following the analytical approach adopted in Amselem,
L and J needed first to establish that their religious belief was sincere and,
subsequently, that the ERC Program infringed that aspect of their freedom of
religion. This second part of the analysis must remain objective in nature. It
was not enough to express disagreement with the program and its objectives. L
and J’s evidence concerning the violation of their freedom of religion
consisted of a statement of their faith and of their conviction that the ERC
Program interfered with their obligation to teach and pass on that faith to
their children. In addition, they filed the ERC Program as well as a textbook
used to teach the program. In its current form, the program says little about
the actual content of the teaching and the approach that teachers will actually
take in dealing with their students. It determines neither the content of the
textbooks or educational materials to be used, nor their approach to religious
facts or to the relationship between religious values and the ethical choices
open to students. The program is made up of general statements, diagrams,
descriptions of objectives and competencies to be developed as well as various
recommendations for the program’s implementation. It is not really possible to
assess what the program’s implementation will actually mean. Despite the
filing of a textbook, the evidence concerning the teaching methods and content
and the spirit in which the program is taught has remained sketchy. Based on
the rules of civil evidence, therefore, the documentary evidence does not make
it possible to find a violation of the Canadian Charter or the Quebec
Charter. The state of the record, however, does not make it possible to
conclude that the ERC Program and its implementation could not, in the future,
possibly infringe the rights granted to L and J and persons in the same
situation.
Cases Cited
By Deschamps J.
Referred
to: Immeubles Port
Louis Ltée v. Lafontaine (Village), [1991] 1 S.C.R. 326; Congrégation des témoins de Jéhovah de St‑Jérôme‑Lafontaine
v. Lafontaine (Village), 2004 SCC 48, [2004] 2 S.C.R. 650; R. v. Big M
Drug Mart Ltd., [1985] 1 S.C.R. 295; R. v. Edwards Books and Art Ltd.,
[1986] 2 S.C.R. 713; Zylberberg v. Sudbury Board of Education (Director)
(1988), 65 O.R. (2d) 641; Canadian Civil Liberties Assn. v. Ontario
(Minister of Education) (1990), 71 O.R. (2d) 341; Syndicat Northcrest v.
Amselem, 2004 SCC 47, [2004] 2 S.C.R. 551; R. v. Jones, [1986] 2 S.C.R.
284; Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2
S.C.R. 817; Thomson Newspapers Ltd. v. Canada (Director of Investigation and
Research, Restrictive Trade Practices Commission), [1990] 1 S.C.R. 425; Chamberlain
v. Surrey School District No. 36, 2002 SCC 86, [2002] 4 S.C.R. 710.
By LeBel J.
Referred
to: Syndicat
Northcrest v. Amselem,
2004 SCC 47, [2004] 2 S.C.R. 551; Multani v.
Commission scolaire Marguerite‑Bourgeoys,
2006 SCC 6, [2006] 1 S.C.R. 256; Alberta v. Hutterian Brethren of Wilson
Colony, 2009 SCC 37, [2009] 2 S.C.R. 567; B. (R.) v. Children’s Aid
Society of Metropolitan Toronto, [1995] 1 S.C.R. 315; Chamberlain v. Surrey School District No. 36, 2002 SCC 86, [2002] 4 S.C.R. 710; R.
v. Big M Drug Mart Ltd., [1985] 1 S.C.R. 295; Congrégation des témoins
de Jéhovah de St‑Jérôme‑Lafontaine v. Lafontaine (Village),
2004 SCC 48, [2004] 2 S.C.R. 650.
Statutes and Regulations Cited
Act
to amend various legislative provisions of a confessional nature in the
education field, S.Q. 2005, c. 20.
Act
to amend various legislative provisions respecting education as regards
confessional matters, S.Q. 2000, c. 24.
Act
to establish the Department of Education and the Superior Council of Education,
S.Q. 1963‑64, c. 15.
Canadian Charter of Rights and Freedoms,
ss. 1 , 2 (a).
Charter of human rights and freedoms,
R.S.Q., c. C‑12, s. 3.
Constitution Act, 1867, s. 93A .
Constitution Amendment, 1997 (Quebec),
SI/97‑141.
Décret 511‑95 concernant la Commission des États généraux sur
l’éducation, (1995) 127 G.O. II, 1960.
Education
Act, R.S.Q., c. I‑13.3, s. 222.
Authors Cited
Grimm, Dieter. “Conflicts Between General Laws and Religious Norms”
(2009), 30 Cardozo L. Rev. 2369.
Moon, Richard. “Government Support for Religious Practice”, in Richard
Moon, ed., Law and Religious Pluralism in Canada. Vancouver: UBC
Press, 2008, 217.
Ogilvie, M. H. Religious Institutions and the Law in Canada,
3rd ed. Toronto: Irwin Law, 2010.
Quebec. Assemblée nationale. Journal des débats, 2e
sess., 35e lég., 26 mars 1997, p. 5993‑5994.
Quebec. Ministère de l’Éducation, du Loisir et du Sport. Establishment of an ethics and religious culture program: Providing
future direction for all Québec youth. Québec: The Ministère, 2005.
Quebec. Ministère de l’Éducation, du
Loisir et du Sport. Ethics and Religious Culture. Québec: The Ministère, 2007 (online: http://collections.banq.qc.ca
/ark:/52327/1561560 and http://collections.banq.qc.ca/ark:/52327/1561568).
Quebec.
Royal Commission of Inquiry on Education in the Province of Quebec. Parent
Report: Report of the Royal Commission of Inquiry on Education in the Province
of Québec. Québec: The Commission, 1963.
Quebec. Task Force on the Place of Religion in Schools in Québec. Religion
in Secular Schools: A New Perspective for Québec (report). Québec: Ministère de l’Éducation, 1999.
Woehrling, José. “La place de la religion dans les écoles publiques
du Québec” (2007), 41 R.J.T. 651.
Woehrling, José. “Les principes régissant la place de la religion
dans les écoles publiques du Québec”, dans Myriam Jézéquel, dir., Les
accommodements raisonnables: quoi, comment, jusqu’où? Des outils pour tous.
Cowansville, Qué.: Yvon Blais, 2007, 215.
APPEAL
from judgments of the Quebec Court of Appeal (Beauregard, Morissette and Giroux
JJ.A.), 2010 QCCA 346 (CanLII), SOQUIJ AZ-50610874, [2010] J.Q. no 1357
(QL), 2010 CarswellQue 1362, 2010 QCCA 348 (CanLII), SOQUIJ AZ-50610876, [2010]
J.Q. no 1355 (QL), and 2010 QCCA 349 (CanLII), SOQUIJ
AZ-50610877, [2010] J.Q. no 1356 (QL), affirming a decision of
Dubois J., 2009 QCCS 3875, [2009] R.J.Q. 2398, SOQUIJ AZ-50573325, [2009]
J.Q. no 8619 (QL), 2009 CarswellQue 8647. Appeal dismissed.
Mark Phillips and Guy
Pratte, for the appellants.
Bernard Jacob, René Lapointe and Mélanie Charest, for the respondent
Commission scolaire des Chênes.
Benoît Boucher, Amélie Pelletier‑Desrosiers and Caroline Renaud,
for the respondent the Attorney General of Quebec.
Robert E. Reynolds and Ruth Ross, for the intervener the Christian Legal
Fellowship.
Jean‑Philippe Groleau, Guy
Du Pont and Léon H. Moubayed, for the intervener the Canadian
Civil Liberties Association.
Jean‑Pierre Bélisle, for the
intervener Coalition pour la liberté en éducation.
Albertos Polizogopoulos, Don Hutchinson and Faye Sonier, for the intervener the
Evangelical Fellowship of Canada.
Jean‑Yves Côté, for the intervener Regroupement Chrétien pour le droit parental en
éducation.
Iain T. Benson, for the interveners the Canadian Council of Christian Charities
and the Canadian Catholic School Trustees’ Association.
Written submissions
only by Alain Guimont, for the intervener Fédération des commissions
scolaires du Québec.
English version of the judgment of
McLachlin C.J. and Binnie, Deschamps, Abella, Charron, Rothstein and Cromwell
JJ. delivered by
[1]
Deschamps J. — The societal changes that Canada has undergone since the middle
of the last century have brought with them a new social philosophy that favours
the recognition of minority rights. The developments in the area of education
that have taken place in Quebec and that are at issue in this appeal must be
situated within this larger context. Given the religious diversity of
present-day Quebec, the state can no longer promote a vision of society in
public schools that is based on historically dominant religions.
[2]
The appellants, S.L. and D.J., are parents of
school‑aged children. They submit that the refusal of the respondent
Commission scolaire des Chênes (“school board”) to exempt their children from
the Ethics and Religious Culture (“ERC”) course infringes their freedom of
conscience and religion, which is protected by s. 2 (a) of the Canadian
Charter of Rights and Freedoms (the “Canadian Charter ”) and
s. 3 of the Charter of human rights and freedoms, R.S.Q., c. C‑12
(the “Quebec Charter”). Their arguments cannot succeed. Although
the sincerity of a person’s belief that a religious practice must be observed
is relevant to whether the person’s right to freedom of religion is at issue,
an infringement of this right cannot be established without objective proof of
an interference with the observance of that practice. In this case, given the
trial judge’s findings of fact and the evidence in the record concerning the
neutrality of the ERC Program, I conclude that the appellants have failed to
prove such an interference. There is therefore no basis for declaring that the
school board erred in refusing to exempt the appellants’ children from the ERC
course. As a result, I would dismiss the appeal with costs.
I. Facts
[3]
On May 12, 2008, the appellants requested
that the school board exempt their children from the ERC course, putting
forward the existence of serious harm to the children within the meaning of the
second paragraph of s. 222 of the Education Act, R.S.Q.,
c. I‑13.3.
[4]
On May 20, 2008, the director of
educational resources for young students denied the exemptions. On
May 26, 2008, the appellants requested that the school board’s council of
commissioners reconsider that decision. On June 25, 2008, after a hearing
at which the appellants presented their position, the council of commissioners
upheld the director’s decision. The appellants contested the decisions of
May 20 and June 25 at the Superior Court, arguing that they had been
made at the dictate of a third party, the Ministère de l’Éducation, du Loisir
et du Sport (“Ministère”). They sought both a
declaration that the ERC Program infringed their and their children’s right to
freedom of conscience and religion, and judicial review
of the decision of the director and that of the council of commissioners,
denying their requests for exemption from the ERC course.
II. Decisions of the Courts Below
[5]
Dubois J. of the Superior Court found that
the appellants had not proved that the ERC Program infringed their freedom of
conscience and religion (2009 QCCS 3875, [2009] R.J.Q. 2398). He concluded
that the objective presentation of various religions to children did not put
them [translation]
“in an obligatory and coercive situation”
(paras. 64 and 66). He dismissed the motion for a declaratory judgment.
Having found that the ERC Program did not infringe the right to freedom of
conscience and religion, he held that the school board’s decision to deny the
exemptions was valid (para. 123). In light of the evidence, he also held
that the school board’s decision had not been made under the Ministère’s
influence (para. 119) and consequently dismissed the motion for judicial
review.
[6]
The appellants appealed as of right to the Court
of Appeal from the dismissal of the motion for a declaratory judgment. They
also applied for leave to appeal the decision to dismiss the motion for
judicial review. The Attorney General of Quebec and the school board each
brought a motion to dismiss the appeal as of right. They also contested the
application for leave to appeal. For the reasons it gave in S.L. v.
Commission scolaire des Chênes, the Court of Appeal granted the motions to
dismiss, dismissed the appeal as of right, and also dismissed the motion for
leave to appeal (2010 QCCA 346 (CanLII); see also 2010 QCCA 348 (CanLII) and
2010 QCCA 349 (CanLII)). It found no error in Dubois J.’s analysis and
also concluded that the appeal had become moot, given that the appellants’ two
children were no longer obligated to take the ERC course.
[7]
The parties have not commented on the analytical
approach that should be applied in light of the procedural choices made in this
case. In this respect, I will merely note that there is nothing to be gained
from a multiplicity of proceedings and that the parties’ choice of style of
cause does not affect the applicable analytical approach (Immeubles Port
Louis Ltée v. Lafontaine (Village), [1991] 1 S.C.R. 326).
III. Issues
[8]
To begin, this Court must decide whether the
trial judge erred in holding that the school board’s refusal to exempt the
appellants’ children from the ERC course did not infringe the appellants’
freedom of conscience and religion. This issue turns on whether the trial
judge erred in finding that the appellants had not proven that the ERC Program
itself infringed their freedom of religion.
[9]
Then, the Court must decide whether the trial
judge erred in holding that the school board’s decision had not been made at
the dictate of a third party and whether the Court of Appeal erred in law in
holding that the appeal had become moot.
IV. Background
[10]
The place of religion in civil society has been
a source of public debate since the dawn of civilization. The gradual
separation of church and state in Canada has been part of a broad movement to
secularize public institutions in the Western World (M. H. Ogilvie, Religious
Institutions and the Law in Canada (3rd ed. 2010), at pp. 26 and 30;
see also Congrégation des témoins de Jéhovah de St‑Jérôme‑Lafontaine
v. Lafontaine (Village), 2004 SCC 48, [2004] 2 S.C.R. 650, at
paras. 67‑68, per LeBel J.). Religious neutrality is
now seen by many Western states as a legitimate means of creating a free space
in which citizens of various beliefs can exercise their individual rights (see
J. Woehrling, “La place de la religion dans les écoles publiques du Québec”
(2007), 41 R.J.T. 651;
D. Grimm, “Conflicts Between General Laws and Religious Norms” (2009), 30 Cardozo L. Rev. 2369).
[11]
The religious portrait of our society is a key
factor in the adoption of a policy of neutrality, not only in Quebec but also
elsewhere in Canada. As a result of globalization of trade and increased
individual mobility, the diversity of religious beliefs in Canada has increased
sharply over the past decades. The 2001 Census of Canada listed approximately
95 religious groups that were large enough to be considered separate religious
institutions for the purposes of statistical records. Furthermore, more than
23 percent of Canadians declared that they were members of non‑Christian
religions or reported no religious identity at all (Ogilvie, at pp. 55‑56).
[12]
The creation of the Ministère in 1964 meant that
the Quebec government took charge of public education, an area which had been
dominated by religious communities up to that time. On February 5, 1964,
following the Parent Report (1963), which had recommended an increase in
public investment in education, the Legislative Assembly passed the Act to
establish the Department of Education and the Superior Council of Education,
S.Q. 1963‑64, c. 15. During the first 30 years of the new
department’s existence, the denominational school system remained in place. On
April 12, 1995, the Quebec government created the Commission for the
Estates General on Education (Order in Council 511‑95, (1995) 127 G.O.
II, 1960). The Commission’s members recommended a far‑reaching review of
education programs. In 1997, the addition of s. 93A to the Constitution
Act, 1867 made possible the abolishment of denominational school boards in
Quebec and the reorganization of Quebec’s school boards on the basis of
language (Constitution Amendment, 1997 (Quebec), SI/97‑141).
[13]
In a statement dated March 26, 1997, the
Minister of Education explained the approach the Quebec government proposed to
adopt to enable public schools to meet the expectations of Quebeckers:
[translation] First, it is expedient to manage these
expectations from the point of view of an open, pluralistic society. The
social and religious landscape is shifting in all regions of Quebec. Public
schools must respect the free choice or the free refusal of religion. This is
a democratic freedom. In other words, all schools must respect each student’s
freedom of conscience, even if the student stands alone with respect to the
majority. All schools must teach students to respect different allegiances.
However, our schools must not altogether dismiss religious education. They
must show that they are open and able to recognize, regardless of specific
convictions and from a critical point of view, the contribution made by the
different religions in terms of culture, values and humanism.
(National
Assembly, Journal des débats, 2nd Sess., 35th Leg.,
March 26, 1997, at p. 5993)
[14]
The Minister spoke of the need to consider more
fully the adjustments necessary to ensure that religious diversity was taken
into account in courses taught in schools:
[translation]
Finally, in the context of a pluralistic society, is it not desirable that all
students receive some instruction concerning the phenomenon of religion,
courses on religious culture which cover the various great traditions, and
courses on the history of religion? I intend to submit this question to a Task
Force whose conclusions will be referred to the National Assembly’s Standing
Committee on Education, which may then hear any groups interested in this
issue.
(Ibid.,
at p. 5994)
[15]
In 1999, the Task Force on the Place of Religion
in Schools in Quebec submitted its report (Religion in Secular Schools: A
New Perspective for Québec). In addition to moral education, the Task
Force recommended, inter alia, that religions be studied in schools
from a cultural perspective. In 2000, the Minister of Education announced that
adjustment would be made to respond to the diversity of the moral and religious
expectations of the population. That same year, a first legislative amendment
was passed, marking the start of the secularization process (An Act to amend
various legislative provisions respecting education as regards confessional
matters, S.Q. 2000, c. 24).
[16]
In 2005, the Minister of Education published a
policy paper setting out the principles on which the proposed ERC Program was
to be based (Establishment of an ethics and religious culture program:
Providing future direction for all Québec youth). On June 15, 2005,
the Act to amend various legislative provisions of a confessional nature in
the education field, S.Q. 2005, c. 20, was passed. Among other
things, the Act authorized schools to replace Catholic and Protestant programs
of religious and moral instruction subject to certain conditions. Thus, the
ERC Program was implemented gradually before becoming mandatory at the start of
the 2008‑9 school year. In May 2008, the appellants made their requests
for exemption.
V. Applicable Principles
[17]
The historical, political and social context of
the late 20th century, the enactment of the Quebec and Canadian
Charters, and the interpretation of freedom of religion by Canadian
courts have played an important role in the Quebec government’s decision to
remain neutral in religious matters. While it is true that the Canadian
Charter , unlike the U.S. Constitution, does not explicitly limit the
support the state can give to a religion, Canadian courts have held that state
sponsorship of one religious tradition amounts to discrimination against
others.
[18]
In R. v. Big M Drug Mart Ltd., [1985]
1 S.C.R. 295, this Court held that the Lord’s Day Act, R.S.C. 1970, c. L‑13, whose acknowledged
purpose was the compulsion of religious observance on Sunday, infringed the
freedom of religion of non‑Christians. Dickson J. (as he then was)
concluded that “[t]he protection of one religion and the concomitant non‑protection
of others imports disparate impact destructive of the religious freedom of the
collectivity” (p. 337). The issue of state
neutrality came before the Court again a short time later in R. v. Edwards
Books and Art Ltd., [1986] 2 S.C.R. 713. The majority held that, although
the selection of Sunday as a pause day significantly infringed on the freedom
of religion of those who observed a day of rest on Saturday for religious
reasons, the legislation was justifiable as a reasonable limit under s. 1
of the Canadian Charter . A majority of the Court’s judges found that
the purpose of the Retail
Business Holidays Act,
R.S.O. 1980, c. 453, was valid because of its
secular aspect: “The title and text of the Act, the legislative debates and the
Ontario Law Reform Commission’s Report on Sunday Observance Legislation
(1970), all point to the secular purposes underlying the Act” (p. 744).
[19]
In two important decisions in the years that
followed, the Ontario Court of Appeal also stressed how important it was for
the state to remain neutral in matters of religion. In Zylberberg v.
Sudbury Board of Education (Director) (1988), 65 O.R. (2d) 641, a majority
of the court struck down a regulation under the Education Act, R.S.O.
1980, c. 129, which made the recitation of Christian prayers compulsory in
public schools unless an exemption was granted (p. 654):
On
its face, [the regulation] infringes the freedom of conscience and religion
guaranteed by s. 2 (a) of the Charter . . . . The
recitation of the Lord’s Prayer, which is a Christian prayer, and the reading
of Scriptures from the Christian Bible impose Christian observances upon non‑Christian
pupils and religious observances on non‑believers.
[20]
In Canadian Civil Liberties Assn. v. Ontario
(Minister of Education) (1990), 71 O.R. (2d) 341, the Ontario Court
of Appeal considered a regulation that made periods of religious education a
compulsory part of the public school curriculum. The court held unanimously
that the purpose and effect of the regulation were to provide for religious
indoctrination, which the Canadian Charter does not authorize. Such
indoctrination was not rationally connected to the educational objective of
inculcating proper moral standards in elementary school students. The Court of
Appeal noted that a program that taught about religion and moral values without
indoctrination in a particular faith would not breach the Canadian Charter
(p. 344).
[21]
The concept of state religious neutrality in
Canadian case law has developed alongside a growing sensitivity to the
multicultural makeup of Canada and the protection of minorities. Already in Big M
Drug Mart, Dickson J. had stated that “the diversity of belief and non‑belief, the diverse socio‑cultural backgrounds of Canadians
make it constitutionally incompetent for the federal Parliament to provide
legislative preference for any one religion at the expense of those of another
religious persuasion” (p. 351). In the same way, the Ontario Court of Appeal held in Canadian Civil Liberties
Assn. that imposing a religious practice of the majority had the effect of
infringing the freedom of religion of the minority and was incompatible with
the multicultural reality of Canadian society (p. 363).
[22]
That being said, it was in Syndicat
Northcrest v. Amselem, 2004 SCC 47, [2004] 2 S.C.R. 551, that the elements
of a definition of freedom of religion were outlined. In that case,
Iacobucci J. explained that a person does not have to show that the
practice the person sincerely believes he or she must observe or the belief the
person endorses corresponds to a religious precept recognized by other
followers. If the person believes that he or she has an obligation to act in
accordance with a practice or endorses a belief “having a nexus with religion”,
the court is limited to assessing the sincerity of the person’s belief
(paras. 39, 43, 46 and 54).
[23]
At the stage of establishing an infringement,
however, it is not enough for a person to say that his or her rights have been
infringed. The person must prove the infringement on a balance of
probabilities. This may of course involve any legal form of proof, but it must
nonetheless be based on facts that can be established objectively. For
example, in Edwards Books, the legislation required retailers who were
Saturday observers to close a day more than Sunday observers. In Amselem,
the infringement resulted from a prohibition against erecting any structure on
the balconies of a building held in co‑ownership, while the appellants
believed that their religion required them to dwell in their own succahs.
[24]
It follows that when considering an infringement
of freedom of religion, the question is not whether the person sincerely
believes that a religious practice or belief has been infringed, but whether a
religious practice or belief exists that has been infringed. The subjective
part of the analysis is
limited to establishing that there is a sincere belief that has a nexus with
religion, including the belief in an obligation to conform to a religious
practice. As with any other right or freedom protected
by the Canadian Charter and the Quebec Charter, proving the infringement requires an
objective analysis of the rules, events or acts that interfere with the
exercise of the freedom. To decide otherwise would allow persons to conclude
themselves that their rights had been infringed and thus to supplant the courts
in this role.
[25]
Furthermore, the following comment of
Wilson J. in R. v. Jones, [1986] 2 S.C.R. 284, at pp. 313-14,
which Iacobucci J. quoted in Amselem, para. 58, bears
repeating: s. 2 (a) of the Canadian Charter “does not
require the legislature to refrain from imposing any burdens on the practice of
religion” (emphasis omitted; see also Edwards Books). “The ultimate
protection of any particular Charter right must be measured in relation
to other rights and with a view to the underlying context in which the apparent
conflict arises” (Amselem, at para. 62). No right is absolute.
VI. Application
[26]
The appellants sincerely believe that they have
an obligation to pass on the precepts of the Catholic religion to their children
(A.F., at para. 66). The sincerity of their belief in this practice is
not challenged by the respondents in this case. The only question at issue is
whether the appellants’ ability to observe the practice has been interfered
with.
[27]
To discharge their burden at the stage of
proving an infringement, the appellants had to show that, from an objective
standpoint, the ERC Program interfered with their ability to pass their faith
on to their children. This is not the approach they took. Instead, they
argued that it was enough for them to say that the program infringed their
right (A.F., at para. 126). As I have already explained, it is not enough
for the appellants to say that they had religious reasons for objecting to
their children’s participation in the ERC course. Dubois J. of the
Superior Court was therefore correct in rejecting that interpretation. He
stated the following: [translation]
“To claim that the general presentation of various religions may have an
adverse effect on the religion one practises, it is not enough to state with
sincerity that one is a practising Catholic” (para. 51).
[28]
In their requests for exemption made to the
school board on May 12, 2008, the appellants had alleged that the ERC
course was liable to cause the following harm:
[translation]
1. Losing
the right to choose an education consistent with one’s own moral and religious
principles; interfering with the fundamental freedom of religion, conscience,
opinion and expression of children and their parents by forcing children to
take a course that does not reflect the religious and philosophical beliefs
with which their parents have the right and duty to bring them up.
2. Being
put in the situation of learning from a teacher who is not adequately trained
in the subject matter and who has been deprived of freedom of conscience by
being forced to perform this task.
3. Upsetting
children by exposing them at too young an age to convictions and beliefs that
differ from the ones favoured by their parents.
4. Dealing
with the phenomenon of religion in a course that claims to be “neutral”.
5. Being
exposed, through this mandatory course, to the philosophical trend advocated by
the state, namely relativism.
6. Interfering with children’s faith.
[A.R., vol. III, at pp. 499‑500]
[29]
The principal argument that emerges from the
reasons given by the appellants in their requests for an exemption is that the
obligation they believe they have, namely to pass on their faith to their
children, has been interfered with. In this regard, the freedom of religion
asserted by the appellants is their own freedom, not that of the children. The
common theme that runs through the appellants’ objections is that the ERC
Program is not in fact neutral. According to the appellants, students
following the ERC course would be exposed to a form of relativism, which would
interfere with the appellants’ ability to pass their faith on to their
children. Insofar as certain of the appellants’ complaints focus on the
children’s freedom of religion by referring to the “disruption” that would
result from exposing them to different religious facts, I will discuss this in
my analysis of the alleged infringement of the appellants’ freedom of religion.
[30]
We must recognize that trying to achieve
religious neutrality in the public sphere is a major challenge for the state.
The author R. Moon has clearly described the difficulty of implementing a
legislative policy that will be seen by everyone as neutral and respectful of
their freedom of religion:
If secularism or agnosticism constitutes a
position, worldview, or cultural identity equivalent to religious adherence,
then its proponents may feel excluded or marginalized when the state supports
even the most ecumenical religious practices. But by the same token, the complete
removal of religion from the public sphere may be experienced by religious
adherents as the exclusion of their worldview and the affirmation of a non‑religious
or secular perspective . . . .
. . . Ironically, then, as the
exclusion of religion from public life, in the name of religious freedom and
equality, has become more complete, the secular has begun to appear less
neutral and more partisan. With the growth of agnosticism and atheism,
religious neutrality in the public sphere may have become impossible. What for
some is the neutral ground on which freedom of religion and conscience depends
is for others a partisan anti‑spiritual perspective.
(“Government
Support for Religious Practice”, in Law and Religious Pluralism in Canada
(2008), 217, at p. 231)
[31]
We must also accept that, from a philosophical
standpoint, absolute neutrality does not exist. Be that as it may, absolutes
hardly have any place in the law. In administrative law, for example, the
concept of impartiality calls for an assessment that takes account of the
context and the intervention of human actors (Baker v. Canada (Minister of
Citizenship and Immigration), [1999] 2 S.C.R. 817, at para. 47).
Moreover, in analysing infringements of rights protected by the Charters, this
Court has often repeated that no right is absolute (Thomson Newspapers Ltd.
v. Canada (Director of Investigation and Research, Restrictive Trade Practices
Commission), [1990] 1 S.C.R. 425, at p. 596). “This is so because we
live in a society of individuals in which we must always take the rights of
others into account” (Amselem, at para. 61).
[32]
Therefore, following a realistic and
non-absolutist approach, state neutrality is assured when the state neither
favours nor hinders any particular religious belief, that is, when it shows
respect for all postures towards religion, including that of having no
religious beliefs whatsoever, while taking into account the competing
constitutional rights of the individuals affected.
[33]
It should be noted that the appellants’ criticisms
cannot address the way the course was taught to their children, since their children
have never followed the course. The trial judge only examined the program.
[34]
The ERC Program has two components: instruction
in ethics and instruction in religious culture. Its purpose is set out in the
preamble found in each of the documents entitled “Ethics and Religious Culture”
prepared by the Ministère (online), one for the elementary level and the other
for the secondary level:
For the purposes of this program, instruction in
ethics is aimed at developing an understanding of ethical questions that allows
students to make judicious choices based on knowledge of the values and
references present in society. The objective is not to propose or impose moral
rules, nor to study philosophical doctrines and systems in an exhaustive
manner.
Instruction
in religious culture, for its part, is aimed at fostering an understanding of
several religious traditions whose influence has been felt and is still felt in
our society today. In this regard, emphasis will be placed on Québec’s
religious heritage. The historical and cultural importance of Catholicism and
Protestantism will be given particular prominence. The goal is neither to
accompany students in a spiritual quest, nor to present the history of
doctrines and religions, nor to promote some new common religious doctrine
aimed at replacing specific beliefs.
[35]
The Ministère’s formal purpose thus does not
appear to have been to transmit a philosophy based on relativism or to
influence young people’s specific beliefs.
[36]
Regarding the program itself, Dubois J.
reviewed the documentary evidence, heard the witnesses and drew the following
conclusions (paras. 68‑69):
[translation]
Under the new program, the school will present the range of different religions
and get children to talk about self‑recognition and the common good.
Subsequently, therefore, the additional work that must be done for religious
practice is up to the parents and the pastors of the Church to which the
parents and children belong.
In
light of all the evidence adduced, the Court does not see how the ERC course
interferes with the applicants’ freedom of conscience and religion for their
children when what is done is to make a comprehensive presentation of various
religions without forcing the children to join them.
[37]
After reviewing the record, I see no error in
the trial judge’s assessment. Having adopted a policy of neutrality, the
Quebec government cannot set up an education system that favours or hinders any
one religion or a particular vision of religion. Nevertheless, it is up to the
government to choose educational programs within its constitutional framework.
In light of this context, I cannot conclude that exposing children to “a
comprehensive presentation of various religions without forcing the children to join them” constitutes in
itself an indoctrination of students that would infringe the appellants’
freedom of religion.
[38]
The appellants also maintain that exposing
children to various religious facts is confusing for them. The confusion or
“vacuum” allegedly results from the fact that different beliefs are presented
on an equal footing.
[39]
In Chamberlain v. Surrey School District
No. 36, 2002 SCC 86, [2002] 4 S.C.R. 710, the Court had an
opportunity to consider the cognitive dissonance that may be encountered by
children growing up in a diverse society. The Chief Justice made the
following comments (paras. 65‑66):
Children encounter [some cognitive dissonance]
every day in the public school system as members of a diverse student body.
They see their classmates, and perhaps also their teachers, eating foods at
lunch that they themselves are not permitted to eat, whether because of their
parents’ religious strictures or because of other moral beliefs. They see
their classmates wearing clothing with features or brand labels which their
parents have forbidden them to wear. And they see their classmates engaging in
behaviour on the playground that their parents have told them not to engage
in. The cognitive dissonance that results from such encounters is simply a
part of living in a diverse society. It is also a part of growing up.
Through such experiences, children come to realize that not all of their values
are shared by others.
Exposure
to some cognitive dissonance is arguably necessary if children are to be taught
what tolerance itself involves.
[40]
Parents are free to pass their personal beliefs
on to their children if they so wish. However, the early exposure of children
to realities that differ from those in their immediate family environment is a
fact of life in society. The suggestion that exposing children to a variety of
religious facts in itself infringes their religious freedom or that of their
parents amounts to a rejection of the multicultural reality of Canadian society
and ignores the Quebec government’s obligations with regard to public
education. Although such exposure can be a source of friction, it does not in
itself constitute an infringement of s. 2 (a) of the Canadian
Charter and of s. 3 of the Quebec Charter.
[41]
The appellants have not proven that the ERC Program
infringed their freedom of religion. Therefore, the trial judge did not err in
holding that the school board’s refusal to exempt their children from the ERC
course did not violate their constitutional right.
[42]
Moreover, the appellants have shown no error
that would justify setting aside the trial judge’s conclusion that the school
board’s decision was not made at the dictate of a third party. As for the
Court of Appeal’s decision to dismiss the appeal for mootness, suffice it to
say that the question before this Court was important and that it justified
hearing the appeal even though the appellants’ children were no longer subject
to the obligation to take the ERC course.
[43]
The Court of Appeal was therefore right to
uphold the conclusions of the Superior Court. For these reasons, the appeal is
dismissed with costs.
English
version of the reasons of LeBel and Fish JJ. delivered by
LeBel J. —
I. Introduction
[44]
This appeal once again brings to light the often
serious difficulties resulting from changes in the relationship between
religions, their members and the surrounding society in which they co‑exist.
The issues now before this Court arise out of the recent secularization of the
public education system in Quebec and the implementation by Quebec’s Ministère
de l’Éducation, du Loisir et du Sport, in 2008 of an Ethics and Religious
Culture Program (“ERC Program”), which is now mandatory at the elementary and
secondary levels. The implementation of this program re‑emphasizes the
continuing problem of establishing an appropriate relationship between the
religious neutrality of a modern democratic state and the deeply held religious
beliefs of members of Quebec society who are often in a minority situation. In
this context, and given the weaknesses of the specific record this Court must
examine, I conclude, like my colleague Deschamps J., that the appeal
should be dismissed. However, I do not thereby intend to conclusively uphold
the ERC Program’s constitutional validity or, above all, its specific application
in the everyday workings of the education system. I will therefore make some
comments on this subject in the reasons that follow.
II. Origin and Specific Characteristics of the Challenge
[45]
The manner in which this legal debate began did
not facilitate the task of examining and resolving the legal issues raised by
the parties. As Deschamps J. explains in her reasons, the appellants
combined two different requests for relief in a single proceeding. The first
was a motion for judicial review in which the appellants sought to overturn the
denial of their request for an exemption from the ERC Program for their
children under s. 222 of the Education Act, R.S.Q.,
c. I‑13.3. The other was a motion to the Superior Court for a
declaration that the ERC Program violated their constitutional right and the
constitutional right of their children to the protection of freedom of
conscience and religion. The appellants undertook their challenge a very short
time after the new program was implemented. This rushed approach hardly
allowed for an assessment of the concrete impact of the program’s
implementation beyond the educational framework it established. This situation
affected the content and quality of the evidence.
[46]
I will not go over the motion for judicial review
as such. The Superior Court’s findings of fact do not support the argument
that the decision to deny the appellants’ children an exemption from the ERC
Program was null because it was made at the dictate of a third party (2009 QCCS
3875, [2009] R.J.Q. 2398). I will comment solely on the declaratory aspect of
the proceeding, that is, the allegation that the appellants’ freedom of
religion and that of their children was violated.
III. Allegation That Freedom of Religion Violated and
Analytical Approach Taken by the Superior Court
[47]
The appellants did not seek to annul the ERC
Program. Instead, they asked the Superior Court to find that the refusal to
exempt their children infringed the freedom of conscience and religion
protected by s. 2 (a) of the Canadian Charter of Rights and
Freedoms (the “Canadian Charter ”). They also relied on s. 3 of
the Quebec Charter of human rights and freedoms, R.S.Q., c. C‑12
(“the Quebec Charter”). They define themselves as Catholics and say
that they practise their religion, which imposes an obligation on them to pass
on their faith to their children. In substance, they argue that the mandatory
nature of the program infringes this freedom of religion. First, the program
advocates a relativistic view of religions. Next, it conveys the idea that
religious values do not constitute a sound basis for making ethical decisions.
Finally, the ERC Program tends to place children in a moral vacuum by requiring
them to put aside their religious values when discussing ethical questions in
class.
[48]
With all due respect, I am not convinced that
the trial judge adhered to the analytical approach first established by this
Court in Syndicat Northcrest v. Amselem, 2004 SCC 47, [2004] 2 S.C.R.
551, a case involving the application of s. 3 of the Quebec Charter.
Two subsequent judgments by this Court have applied this approach to issues
relating to the implementation of s. 2 (a) of the Canadian
Charter (Multani v. Commission scolaire Marguerite‑Bourgeoys, 2006 SCC 6, [2006] 1 S.C.R. 256, at para. 34; Alberta v. Hutterian
Brethren of Wilson Colony, 2009 SCC 37, [2009] 2 S.C.R. 567, at
para. 32).
[49]
According to the approach adopted by this Court
in Amselem, an applicant must first establish the sincerity of his or
her belief in a religious doctrine, practice or obligation. In this area, the
courts do not search an applicant’s soul or conscience and do not seek to
become theologians. They ascertain whether there is a sincere subjective
belief (paras. 42‑43). The courts then determine whether the
applicant has demonstrated significant infringement to that belief as a result
of state action (paras. 58‑60). This second part of the analysis
must remain objective in nature.
[50]
In the present case, the allegation that freedom
of religion was violated concerned a specific aspect of such freedom, namely
the obligations of parents relating to the religious upbringing of their
children and the passing on of their faith. The right of parents to bring up
their children in their faith is part of the freedom of religion guaranteed by
the Canadian Charter (B. (R.) v. Children’s Aid Society of
Metropolitan Toronto, [1995] 1 S.C.R. 315, at para. 105, per
La Forest J.). Following the analytical approach adopted in Amselem,
the appellants needed to establish that their religious belief was sincere and
that the ERC Program infringed that aspect of their freedom of religion.
[51]
The Superior Court turned this matter into a
debate about the incorrect nature of the parents’ belief. The trial judge acknowledged
that the parents were Catholics and that they believed they had an obligation
to pass on their faith to their children. Having gotten to that stage, he did
not consider the program’s content or its impact on the alleged belief. In
substance, he held instead that the parents were wrong to believe that the
program’s objectives interfered with the fulfilment of their religious
obligations toward their children. He relied mainly on the opinion of a
theologian who served as an expert for the respondents and on the fact that the
Assemblée des évêques catholiques du Québec was not opposed to the objectives
of the ERC Program.
[52]
The trial judge should have endeavoured to
consider in more concrete terms the program’s content and the impact claimed,
correctly or not, by the appellants on the fulfilment of their religious
obligations. There is no doubt that the appellants bore the burden of proof at
this stage of the constitutional analysis. It was not enough to express
disagreement with the program and its objectives. Despite being sincerely
held, their opinion that basic moral relativism was the program’s essential
characteristic was not sufficient to establish a violation of the Canadian
Charter or the Quebec Charter. It must therefore be determined
whether the claimants discharged their burden of proof.
IV. The Problem of Proving a Violation of Freedom of Religion
[53]
This brings us to one of the problems that arise
in this matter in determining whether the ERC Program is consistent with
Quebec’s constitutional obligations relating to freedom of religion. First, a
finding of a violation of the two Charters cannot be based solely on a
subjective perception of the Program’s impact. Moreover, the Program’s design
and the content of the educational and administrative framework do not make it
easy to assess the program’s concrete impact in the everyday workings of
Quebec’s public school system. In other words, is it a program that will
provide all students with better knowledge of society’s diversity and teach
them to be open to differences? Or is it an educational tool designed to get
religion out of children’s heads by taking an essentially agnostic or atheistic
approach that denies any theoretical validity to the religious experience and
religious values? Is the program consistent with the notion of secularism that
has gradually been developed in constitutional cases, particularly in the field
of education? The state of the record makes it impossible to answer these
questions with confidence.
[54]
This Court’s decisions have stressed the
importance of neutrality in the public school system. They have recognized
that the very nature of a public education system implies the creation of
opportunities for students of different origins and religions to learn about
the diversity of opinions and cultures existing in our society, even in
religious matters. Imparting information about different views of the world
cannot be equated with a violation of freedom of religion (Chamberlain v.
Surrey School District No. 36, 2002 SCC 86,
[2002] 4 S.C.R. 710, at paras. 65‑66 and 211‑12). Moreover,
in the modern Canadian political system, the state in principle takes a
position of neutrality. And it is barred from enacting private legislation
that favours one religion over another (R. v. Big M Drug Mart Ltd.,
[1985] 1 S.C.R. 295, at p. 351, per Dickson J. (as he then
was)). In a diverse country like Canada, such a position has become essential
to preserving the constitutional freedom to believe or not believe and to
express one’s beliefs (Congrégation des témoins de Jéhovah de St‑Jérôme‑Lafontaine
v. Lafontaine (Village), 2004 SCC 48, [2004] 2 S.C.R. 650).
Under the constitutional principles governing state action, the state has
neither an obligation to promote religious faith nor a right to discourage
religious faith in its public education system. Only
such true neutrality is in keeping with the secularism of the state
(J. Woehrling, “Les principes régissant la place de la religion
dans les écoles publiques du Québec”, in M. Jézéquel, ed., Les
accommodements raisonnables: quoi, comment, jusqu’où? Des outils pour tous (2007),
215, at p. 220).
[55]
The appellants’ evidence concerning the
violation of their freedom of religion consists first of a statement of their
faith and of their conviction that the ERC Program interferes with their
obligation to teach and pass on that faith to their children. In addition,
they filed the ERC Program, which is several hundred pages long and takes up a
volume of the appeal record, as well as a textbook used to teach the program.
[56]
Based on the rules of civil evidence, this
documentation does not make it possible to find a violation of the Canadian
Charter or the Quebec Charter. This conclusion results from the
very nature of the administrative document prepared by Quebec’s Ministère de
l’Éducation, du Loisir et du Sport, to explain the program’s general content,
objectives and methods. In fact, that document in its current form says little
about the actual content of the teaching and the approach that teachers will
actually take in dealing with their students. It determines neither the
content of the textbooks or educational materials to be used, nor their
approach to religious facts or to the relationship between religious values and
the ethical choices open to students. The program is made up of general
statements, diagrams, descriptions of objectives and competencies to be
developed as well as various recommendations for the program’s implementation.
Even after a careful reading, it is not really possible to assess what the
program’s implementation will actually mean. As a result, it is hard to tell
what the emphasis the program will place on Quebec’s religious heritage and on
the cultural and historical importance of Catholicism and Protestantism in that
province will mean (A.R., vol. V, at p. 710).
[57]
A textbook has been filed and experts have
expounded and testified for both sides, strongly supporting conflicting
positions. The evidence concerning the teaching methods and content and the
spirit in which the program is taught has remained sketchy. Unless it can be
found that any exposure of children to realities that differ from those in
their family environment is unacceptable in light of the constitutional or
quasi‑constitutional protection conferred on freedom of religion, I
cannot conclude that the appellants have been able to prove their case.
[58]
As a result of the state of the record, however,
I am also unable to conclude that the program and its implementation could not,
in the future, possibly infringe the rights granted to the appellants and
persons in the same situation. In this regard, the single textbook filed in
the record may cause some confusion in terms of the way it presents the
connection between the program’s religious content and its ethical content.
For example, does the content of the Christmas‑related exercises for six‑year‑old
students encourage the transformation of an experience and tradition into a
form of folklore consisting merely of stories about mice or surprising
neighbours? These are some potential questions and concerns. The record
before this Court does not make it possible to respond to them. However, the
legal situation could change during the existence of the ERC Program.
[59]
For these reasons and subject to these
qualifications, I would dismiss the appeal without costs.
Appeal
dismissed with costs.
Solicitors
for the appellants: Borden Ladner Gervais, Montréal.
Solicitors for the respondent Commission scolaire des
Chênes: Morency Société d’avocats, Québec.
Solicitors for the respondent the Attorney General of
Quebec: Bernard, Roy & Associés, Montréal.
Solicitor
for the intervener the Christian Legal Fellowship: Robert E.
Reynolds, Montréal.
Solicitors
for the intervener the Canadian Civil Liberties Association: Davies
Ward Phillips & Vineberg, Montréal.
Solicitor for the intervener Coalition pour la liberté en éducation: Jean‑Pierre
Bélisle, Saint‑Joseph‑du‑Lac, Quebec.
Solicitors for the intervener the Evangelical Fellowship of
Canada: Vincent Dagenais Gibson, Ottawa.
Solicitors for the intervener Regroupement Chrétien pour le droit
parental en éducation: Côté Avocats Inc., Sainte‑Julie,
Quebec.
Solicitors for the interveners the Canadian Council of Christian
Charities and the Canadian Catholic School Trustees’ Association: Miller
Thomson, Toronto.
Solicitors for the intervener Fédération des commissions scolaires
du Québec: Guimont, Tremblay, avocats, Québec.