What is the test for invoking the Canadian Charter of Human Rights and Freedoms?
Quebec, Canada
The following excerpt is from Simoneau c. Tremblay, 2011 QCTDP 1 (CanLII):
So the defendants invoked Allen v. Renfrew (County) in vain. Invoking the preamble of the Constitution Act, 1982, which recognizes the supremacy of God, the Superior Court of Justice of Ontario concluded that, although that prayer could constitute interference with freedom of conscience and religion, as protected by section 2(a) of the Canadian Charter of Human Rights and Freedoms, the interference was justified pursuant to its first section, since it did not convey a theological message, but a religious one, and did not have a coercive effect.
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