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eBook details

• Title: Hutterian Brethren, Driver's Licences, And Charter S. 1 (Human Rights Law) (Column)
• Author : Linda McKay-Panos
• Release Date : January 01, 2010
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

In a previous column ("Charter s. 1: A Balancing Act for the Court" 2007 32(1) LawNow), I discussed the challenges faced by the courts when seeking to determine whether legislation that offends a Charter right may nevertheless be saved by Charter s. 1. I used the 2007 case of Hutterian Brethren of Wilson Colony v. Alberta, 2007 ABCA, to illustrate the process the Alberta Court of Appeal followed. Recently, the Supreme Court of Canada dealt with the same issue and, in a narrow majority (four to three), ruled in a different direction from the one taken by the Alberta courts (Hutterian Brethren of Wilson Colony v. Alberta, 2009 SCC 37). Perhaps the narrowness of the majority indicates the challenges in applying Charter s. I. In 2003, the Alberta government amended a regulation thereby eliminating the ability of the Registrar to issue drivers' licences without photos. Thus, every person who seeks to obtain or renew a driver's licence must have his or her photo taken. The Hutterian Brethren of the Wilson Colony believe it is a sin to have their photograph willingly taken. They argued that the regulation violated the right to their freedom of religion under Charter s. 2(a) and their right to equality under Charters. 15(1). In the lower courts, it was generally acknowledged that the claimant's Charter rights were violated; the issue was whether the regulation could be saved by Charter s. 1. In both the Alberta Court of Queen's Bench and the Court of Appeal, the government was not successful in showing that an absolute photo requirement was demonstrably justified in a free and democratic society.

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