Loyola High School v Quebec (Attorney General)

Loyola, a Jesuit Catholic high school, sought an exemption from teaching the Quebec Ethics and Religious Culture course from a neutral perspective. The SCC held that requiring Loyola to teach Catholicism from a neutral perspective unjustifiably limited its religious freedom.

Loyola was required by Quebec to deliver the ERC course, including the Catholic content, from a neutral perspective. The school sought permission to teach the Catholic portion from its own confessional standpoint.

Can a religious organisation invoke s.2(a)? How is the Doré framework applied?

Yes; Loyola exemption granted.

A religious organisation can engage s.2(a) where its purpose is to enable members to live their religion. Administrative decisions that impair Charter values must reflect a proportionate balance under Doré.

Abella J held that the regulator's decision did not appropriately balance the religious-freedom interest against the educational-neutrality interest. Loyola could deliver the religious-culture content from its Catholic perspective; only the comparison-of-religions content needed to be delivered with appropriate respect for other faiths.

Confirms institutional dimension of religious freedom. Refines the Doré framework. Cited in subsequent decisions on the boundaries of religious-organisation Charter claims (TWU v LSUC 2018).

Loyola High School v Quebec (Attorney General), 2015 SCC 12, [2015] 1 SCR 613.

McLachlin CJ, LeBel J, Abella J, Rothstein J, Cromwell J, Moldaver J, Karakatsanis J