What is the majority’s approach to assessing a religious infringement?
Canada (Federal), Canada
The following excerpt is from Alberta v. Hutterian Brethren of Wilson Colony, [2009] 2 SCR 567, 2009 SCC 37 (CanLII):
I also have some discomfort with the majority’s approach to assessing the seriousness of a religious infringement. It appears to suggest that there is a difference between the constitutional scrutiny of a government program that is “compulsory”, and one that is “conditional” or a “privilege”. This approach, with great respect, is troubling. It is both novel and inconsistent with the principle enunciated in Eldridge v. British Columbia (Attorney General), 1997 CanLII 327 (SCC), [1997] 3 S.C.R. 624, that “once the state does provide a benefit, it is obliged to do so in a non-discriminatory manner” (para. 73).
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