What is the test for sincerity in a claim of religious discrimination?

British Columbia, Canada


The following excerpt is from Lovado v. BC Ministry of Public Safety and Solicitor General, 2019 BCHRT 167 (CanLII):

The sincerity of a complainant’s religious belief is a question of fact based on their credibility and factors such as whether their alleged belief is consistent with their religious practices at the material times: Syndicat Northcrest v. Amselem, 2004 SCC 47 [Amselem] at para. 53. The law is well established that a claim of religious discrimination only requires a complainant to show their belief is sincere, not that it is valid according to others or that it is required or in conformity with the position of religious officials: Amselem at paras. 43-47. In addition, while evidence of a complainant’s past religious practices might be relevant, it is not determinative because a person’s religious beliefs may change or evolve over time. The focus of the analysis must always be on the complainant’s belief at the time of the alleged discrimination: Amselem at para. 53.

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