Quote: Originally Posted by Goober
No way - The SCOC will not alter the terms that were agreed to.
I'm not refering to the Catholic school system if that's what you mean by agreed to terms. If that's not what you meant, see below (half of those in this thread are talking about the Catholic School System and the other are talking about the contents of the article, so forgive me but I'm not sure which one you're talking about, lol)
Quote: Originally Posted by Dexter Sinister
Interesting idea, though I suppose it'd depend on the precise nature of the challenge. Freedom of religion just means you're free to practice whatever religion you want, assuming of course that its rituals and practices don't include doing things that are illegal in other contexts, but it doesn't mean the state is obliged to provide facilities for you. Toronto Muslims, for instance, don't have the right to insist the school board provide space for their prayer rituals, it's been granted them as a privilege. I don't really see this as a matter of religious rights, it's just convenient and newsworthy for the antagonists to spin it in those terms. The school board has allowed some of its facilities to be used for a particular purpose that some people see as incommensurate with the goals and ideals of public education, or perhaps Canadian society more generally, and they want it stopped. I think they're right in this particular case, the separation of males and females and denying menstruating girls the right to participate because they're considered unclean are not consistent with what I'd consider reasonable expectations of equality and privacy, and a secular public institution should not be enabling them.
Doesn't it always depend on the precise nature of the challenge? I think the charter just says that everyone has the fundamental freedom to conscience and religion; the interpreation of which is the job of the SCC to decide based on specific situations as they are contested.
Admittedly, I do not know if there has been any sort of precedent set before with this type of situation, specifically prayer in schools. And I'm not saying that
I believe the state has any obligation to provide facilities to facilitate any religious practice or anything like that. But the adherence to the Muslim faith, as I understand it and I could be wrong, necessitates prayer at certain times of the day doesn't it? So if compliance with the tenets of the faith conflicts with school schedules and the school board does not provide some sort of allowance for the prayers (by setting aside some sort of place and time for prayer to occur), could this be construed as a barrier to freedom of religion?
I'm not saying that it is or isn't, I'm just wondering. I'm not making the argument but it seems to me that an argument could possibly be made.