A mediated collision between freedom of religion and state secularism: Loyola High School v. Quebec (Attorney General), 2015 SCC 12

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[Photo of religious educators in pre-Quiet Revolution Quebec]

Yet again, the Supreme Court of Canada wrestled with the thorny issue caused by the intersection of religious freedom and the secular state. In Loyola High School v. Quebec (Attorney General), 2015 SCC 12, the Court conceded some measure of victory to both sides of the equation. In a 4:3 majority decision, Justice Abella (LeBel, Cromwell and Karakatsanis JJ concurring) held that a private denominational school could be required to teach a state prescribed curriculum on world religions, religious cultures and their respective religious ethics from a neutral and secular perspective with the exception of the school’s own denomination. For that particular religion (here, Catholicism), the school was entitled to an exemption to teach its students from a Catholic perspective, an exemption that the provincial Minister had refused to provide.

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