Charter
Freedom of Religion — Sincere Belief
Big M, Multani, Loyola — the s.2(a) framework.
Section 2(a) protects sincere religious belief and the ability to act on it. Big M Drug Mart (1985) established the purpose-or-effect test. Multani (2006) confirmed sincerity as the threshold (not orthodoxy). Loyola High School (2015) addressed religious institutions.
The analysis: (1) sincere religious belief, (2) more-than-trivial interference, (3) s.1 justification. The state may require accommodation short of removal of religious practice where safety or other competing interests are present.
Key principles
- Sincerity, not orthodoxyCourts assess sincerity of belief, not theological correctness.
- More-than-trivial interferenceState conduct must impose more than trivial restriction to engage s.2(a).
- Purpose or effectA law violates s.2(a) by either purpose or effect.