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Creed, Freedom of Religion and Human Rights VOLUME 9:3 SUMMER 2012 Creed, Freedom of Religion and Human Rights This issue is a product of collaboration with the OHRC and the Religion in the Public Sphere Initiative (University of Toronto) Volume 9:3 SUMMER 2012 3 40 Preface Accommodation and Compromise: Why freedom of Barbara Hall religion issues cannot be resolved through balancing Richard Moon 5 44 Editor’s Introduction: Human Rights, Creed & Freedom of Religion The Need for Greater Protection of Religious Remi Warner and Shaheen Azmi Associational Rights in Employment André Schutten 8 48 Protecting Religious Freedom in a Multicultural Canada David Seljak Faith in the Public School System: Principles for Reconciliation 12 Cara Faith Zwibel The Relationship Between Religions and a Secular Society 52 Janet Epp Buckingham Human Rights, Sexuality and Religion: 16 Between Policy and Identity The Missing Link: Tolerance, Accommodation Heather Shipley and… Equality 56 Lori G. Beaman Equality, human rights and religion or belief 20 in England and Wales Two Errors in Relation to Respecting Religious Rights: Alice Donald Driving a Wedge Between Religion and Ethics/Morals 61 and Treating All Kinds of Religious Employers the Same Iain T. Benson On Religious Accommodation and Discrimination in the Experience of Jewish communities in Ontario 25 Anita Bromberg Inducing Fundamentalisms: Law as a Cultural Force 64 in the Domain of Religion Benjamin L. Berger Discrimination Experienced by Muslims in Ontario Uzma Jamil 29 68 Trying to Put an Ocean in a Paper Cup: An Argument for the "Un-definition of Religion" On Canadian Buddhist Engagement with Howard Kislowicz Religious Rights Discourse and the Law Matthew King 33 71 Towards an inclusive interpretation of ‘creed’ Gail McCabe, Mary Beaty and Peter Moller Humbug! Seventh-day Adventist Conscientious Objectors in WWII Standing Before the Mobilization Board 37 Barry W. Bussey Toward a Definition of Legitimate Religions Richard M. Landau Diversité canadienne est publié par Canadian Diversity is published by PRÉSIDENTE INTERMÉDIAIRE / ACTING PRESIDENT Diversité canadienne est une publication trimestrielle de l’Association d’études Minelle Mahtani, University of Toronto canadiennes (AEC). Elle est distribuée gratuitement aux membres de l’AEC. SECRÉTAIRE DE LANGUE FRANÇAISE ET TRÉSORIER / FRENCH-LANGUAGE SECRETARY AND TREASURER Diversité canadienne est une publication bilingue. Tous les textes émanant de The Hon. Herbert Marx l’AEC sont publiés en français et en anglais. Tous les autres textes sont publiés SECRÉTAIRE DE LANGUE ANGLAISE / ENGLISH-LANGUAGE SECRETARY dans la langue d’origine. Les collaborateurs et collabora trices de Diversité Lloyd Wong, University of Calgary canadienne sont entièrement responsables des idées et opinions exprimées REPRÉSENTANTE DES ÉTUDIANTS / STUDENTS’ REPRESENTATIVE dans leurs articles. L’Association d’études canadiennes est un organisme Nehal El-Hadi, University of Toronto pancanadien à but non lucratif dont l’objet est de promouvoir l’enseignement, REPRÉSENTANTE DE LA COLOMBIE-BRITANNIQUE ET DU YUKON / BRITISH COLUMBIA AND YUKON REPRESENTATIVE la recherche et les publications sur le Canada. L’AEC est une société savante Jean Teillet et membre de la Fédération canadienne des sciences humaines et sociales. REPRÉSENTANTE DU QUÉBEC / QUÉBEC REPRESENTATIVE Vivek Venkatesh, Concordia University Canadian Diversity is a quarterly publication of the Association for Canadian REPRÉSENTANTE DE L’ONTARIO / ONTARIO REPRESENTATIVE Studies (ACS). It is distributed free of charge to individual and institutional Usha George, Ryerson University members of the ACS. Canadian Diversity is a bilingual publication. All material REPRÉSENTANT DES PRAIRIES ET DES TERRITOIRES DU NORD-OUEST / PRAIRIES AND NORTHWEST TERRITORIES REPRESENTATIVE prepared by the ACS is published in both French and English. All other articles Dominique Clément, University of Alberta are published in the language in which they are written. Opinions expressed REPRÉSENTANT DE L’ATLANTIQUE / ATLANTIC PROVINCES REPRESENTATIVE in articles are those of the authors and do not necessarily reflect the opinion of Maurice Basque, Université de Moncton the ACS. The Association for Canadian Studies is a voluntary non-profit DIRECTEUR GÉNÉRAL DE L’AEC / EXECUTIVE DIRECTOR OF THE ACS organization. It seeks to expand and disseminate knowledge about Canada Jack Jedwab through teaching, research and publications. The ACS is a scholarly society DIRECTEUR DES PROGRAMMES ET ADMINISTRATION / DIRECTOR OF PROGRAMMING AND ADMINISTRATION and a member of the Humanities and Social Science Federation of Canada. James Ondrick DIRECTRICE DES PUBLICATIONS / DIRECTOR OF PUBLICATIONS © Queen's Printer for Ontario, 2012. Sarah Kooi DIRECTRICE DES COMMUNICATIONS / DIRECTOR OF COMMUNICATIONS Julie Perrone COURRIER Des commentaires sur ce numéro ? Écrivez-nous à Diversité canadienne RÉDACTEUR EN CHEF / EDITOR-IN-CHIEF Courrier, AEC, 1822A, rue Sherbrooke Ouest, Montréal (Québec) H3H 1E4. Jack Jedwab Ou par courriel à <[email protected]> DIRECTRICE À LA RÉDACTION / MANAGING EDITOR Vos lettres peuvent être modifiées pour des raisons éditoriales. Sarah Kooi TRADUCTION / TRANSLATION Victoria Chwalek & Julie Perrone LETTERS EDITORIAL ASSISTANTS/ASSISTANTS ÉDITORIAL Comments on this edition of Canadian Diversity ? Victoria Chwalek Write to Canadian Diversity GRAPHISME / DESIGN Letters, ACS, 1822A Sherbrooke Street West, Montreal, Québec, H3H 1E4. Bang Marketing: 514 849-2264 • 1 888 942-BANG [email protected] Or e-mail us at <[email protected]> PUBLICITÉ / ADVERTISING Your letters may be edited for length and clarity. [email protected] 514 925-3099 ADRESSE AEC / ACS ADDRESS 1822, rue Sherbrooke Ouest, Montréal (QC) H3H 1E4 514 925-3096 / [email protected] PREFACE Chief Commissioner Barbara Hall, Ontario Human Rights Commission Last year marked the 50th anniversary of the Ontario adjudicators and others on how to assess, handle and Human Rights Commission, and this year we’re celebrating resolve competing human rights claims. the 50th anniversary of the Ontario Human Rights Code. We also began work on revising our policy on creed for From the very beginning, creed has been a part of the the first time in 15 years. The project will involve wide Code – but many of the issues were different in 1962. Too consultation with faith leaders, diverse community many Ontarians faced blatant discrimination in many members, academics, and human rights lawyers and parts of their lives because they were Jewish, Seventh Day practitioners. We will also offer opportunities for Adventist or Jehovah’s Witnesses, or their beliefs differed members of the general public to share their ideas with us from those of mainstream Christianity. through online surveys, interviews, focus groups and Ontario (and Canada) is a much different place today. other meetings. People come to Canada from all over the world. They Overall, the project will take 2-3 years to complete, and bring with them different systems of beliefs and different we hope it will provide answers to some of the pressing ways of celebrating their faith. They are often drawn here questions that relate to creed, like: because of Canada’s image as a place where people from • What obligations do employers have to accommo- all backgrounds and creeds are welcome. date religious holidays for non-Christian staff? Do But there are challenges to living up to this image. As they have to give staff paid days off or ask them to use Canadian society becomes increasingly diverse, there is vacation days? potential for tension as creed issues play out more and • What obligations do hospitals have to meet patients’ more often in the public sphere. Should religious food requirements because of their religion? organizations be allowed to have a say on the sex lives and • How much can co-workers talk about their faith before life choices of their employees? Are veganism, ethical it violates other people’s rights? humanism or pacifism creeds? Can a school tell a student • How does a person know if their comments on religion he or she can’t bring a same-sex partner to the prom? in their workplace, or when providing a service, have Recent cases coming before the Human Rights Tribunal crossed the line and become harassment? of Ontario include a religious woman who was told by her • Can prayers be held within public schools during boss that she wasn’t allowed to pray because it was school hours? embarrassing, a Jewish man who was mistreated by • Where does the duty to accommodate creed beliefs and firefighters because he was burning ceremonial candles, practices in public space begin and end? and a Mennonite man who was assumed to be part of drug culture because of his long hair. Another important question we hope to explore is the We also see cases where religious rights and freedoms definition of creed. We’re seeing a lot of new ideas and of one group seem to be in conflict with the rights of concepts being associated with creed. How should our another group. Examples are a marriage commissioner definition be updated? refusing to perform a same-sex marriage ceremony, or a There are no easy answers to these questions. But they cab driver refusing a blind passenger with a service dog are important questions to ask if we want to make sure because of his religion. everyone is included and treated with dignity and respect. Human rights principles help move us away from “us In January 2012, the OHRC started on the search for versus them” attitudes to an understanding that
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