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  • Essay / Charter of Rights and Freedoms - 1689

    (1) The Charter protects a range of rights and freedoms, but these rights are often contradictory. In some cases, courts are called upon to weigh competing rights. In your opinion, is freedom of religion or freedom of expression more important? For what? Use case law examples to support and defend your argument. The Charter of Rights and Freedoms focuses on many fundamental human rights, but these rights often come into conflict with each other. When such a question arises, there is a judicial review that the courts establish to understand which right is more important based on the case. In this article, we will focus on two fundamental rights, namely freedom of religion and freedom of expression. These two rights often conflict when freedom of expression is more important than freedom of religion. It is important to know that if there was no freedom of speech, there would be no freedom of religion. To be able to practice your religion, you must be able to express it, which is why freedom of expression is necessary. First, freedom of religion, set out in section 2(a) of the Charter, states that freedom of conscience and religion is part of a person's autonomy when it is there to develop. This article also states that there is no absolute protection for all actions based on religion. Second, freedom of expression, set out in section 2(b) of the Charter, states that freedom of expression recognizes that individuals in a democratic society have the freedom of expression to participate in their social and political community . Where freedom of expression is there to protect the autonomy of the individual and their “right to think and reflect on circumstances and conditions”. (Sharpe & Roach, 2013, p. 156)....... middle of paper ......y because he needed to get a right from the police chief. For this reason, it was considered that civil rights fall under provincial jurisdiction and that religious matters are federal. The expression of a religious belief has not harmed society where freedom of religion allows the individual to express their belief. The Saumur case therefore won and this law was not maintained. Therefore, freedom of speech is more important because it protects freedom of religion. If there was no freedom of speech, no one would be able to express their freedom of religion. Free expression allows individuals to speak freely about their religion. Works Cited Russell, PH, Knopff, R., Bateman, TM and Hiebert, JL (2008). The Court and the Constitutions. Reference cases. Toronto: Emond Montgomery Publication Limited. Sharpe, R.J. and Roach, K. (2013). The Charter of Rights and Freedoms. Toronto: Irwin Law.