What is the test for section 14(1)(b) of the Canadian Constitution on religious freedom of speech?
Saskatchewan, Canada
The following excerpt is from Owens v. Saskatchewan (Human Rights Commission), 2006 SKCA 41 (CanLII):
The Constitution protects all dimensions of freedom of religion. However, it also accommodates the need to safeguard citizens from harm and to ensure that each of them has non-discriminatory access to education, employment, accommodation and services. In situations where religiously motivated speech involves injury or harm to others, it is necessarily subject to reasonable limitations. As a result, s. 14(1)(b) is a justifiable limit on religiously inspired speech in effectively the same way as it is a justifiable limit on speech generally. See: Ross v. New Brunswick School District No. 15, 1996 CanLII 237 (SCC), [1996] 1 S.C.R. 825. 4. Applying Section 14(1)(b)
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