David Birrell UDK: 316.74 : 2

Inter Varsity Christian Fellowship of Canada 316.647.5:2 322

RELIGIOUS LAW IN CANADA

Good morning. I am pleased to be here today and bring greetings from Canada. In Canada I work with EUS, with Canadian university and college students. I am honored to have been invited to speak here this morning about the state of religion in Canada.

The Canadian National Anthem has a line in it that says "God keep our land, glorious and free." What does this mean exactly? Let's look at our Canadian Charter of Rights and Freedom. The first article opens with a statement about our religious heritage and values.

CANADIAN CHARTER OF RIGHTS AND FREEDOM

Constitution Act, 1982 (79) PART I Canadian charter of rights and freedoms

Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:

Rights and 1. The Canadian Charter of Rights and Freedoms guarantees freedoms in the rights and freedoms set out in it subject only to such Canada reasonable limits prescribed by law as can be demonstrably

justified in a free and democratic society.

Fundamenta 2. Everyone has the following fundamental freedoms:

l freedoms a) freedom of conscience and religion;

b) freedom of thought, belief, opinion and expression, including

freedom of the press and other media of communication;

c) freedom of peaceful assembly; and

d) freedom of association.

The Charter guarantees certain freedoms for everyone in Canada. Canadian traditions and laws have reflected the freedoms set out in section 2 for many years. Since 1982, the Charter has given these freedoms constitutional protection.

Under section 2 of the Charter, Canadians are free to follow the religion of their choice. In addition, they are guaranteed freedom of thought, belief and expression. Our right to gather and act in peaceful groups is also protected, as is our right to belong to an association.

These freedoms are set out in the Charter to ensure that Canadians are free to create and to express their ideas, gather to discuss them and communicate them widely to other people. These activities are basic forms of individual liberty. They are also important to the success of a democratic society like Canada. In a democracy, people must be free to discuss matters of public policy, criticize governments and offer their own solutions to social problems.

A later article speaks to the rights of equality.

Equality Rights

Equality before and 15. (1)
Every individual is equal before and under the law and under law has the right to the equal protection and equal benefit of the law and equal without discrimination and, in particular, without discrimination protection based on race, national or ethnic origin, colour, religion, sex, age and benefit or mental or physical disability. of law

This section of the Charter makes it clear that every individual in Canada – regardless of race, religion, national or ethnic origin, colour, sex, age or physical or mental disability – is to be considered equal. This means that governments must not discriminate on any of these grounds in its laws or programs. The courts have held that section 15 also protects equality on the basis of other characteristics that are not specifically set out in it.

The Supreme Court of Canada has stated that the purpose of section 15 is to protect those groups who suffer social, political and legal disadvantage in society. Discrimination occurs where, for example, a person, because of a personal characteristic, suffers disadvantages or is denied opportunities available to other members of society.

At the same time as it protects equality, the Charter also allows for certain laws or programs that favour disadvantaged individuals or groups. For example, programs aimed at improving employment opportunities for women, Aboriginal peoples, visible minorities, or those with mental or physical disabilities are allowed under section 15(2).

This freedom of religion has lead to several things. The first would appear to be the inclusion of many different faith groups. A look at the most recent Canadian census from 2001 reveals a long list of 34 different religious and "non-religious" affiliations. Most are Christian and many of those are Protestants, although the single largest group is Catholic.

One thing of interest is that the Serbian Orthodox church has had one of the largest increases from the previous census to the most recent! It has more than doubled in size, an increase of 109.5%. However, it still ranks amongst the smallest in total numbers of adherents across Canada. So I don't think it will define Canada religious culture just yet! So, we begin to see that there is emerging no single way of being religious in contemporary Canada. The locations of the sacred are to be found everywhere and nowhere, multiple rather than single, at the margins rather than at the centre.

A Canadian playwright Carol Shields – from my hometown of Winnipeg – captures this in one of her plays, Thirteen Hands. A Winnipeg housewife is asked by a person taking a poll, "Do you think of yourself as marginal?" She responds, "Well that depends on where you think the centre is." The centre would appear to be found in tolerance and pluralism. Each person chooses – or sometimes even creates – their own religion. And there can be respect – if not always understanding – for each group.

A decade ago a survey was done in Canada. It examined religion not based on main stream ideas. 59% of Canadians said they were not religious, but were spiritual. 46% did not believe in traditional religion. 70% said they had constructed their own religion. Among young people, 60% believed that all religions are equally valid. (See The Globe and Mail, 7 December 1993).

We have been left with a diminished sense of what once was strongly held and practiced religious tradition. At the university where I work, we have religious student groups – Jewish, Muslim, Lutherans, EUS, etc. The university administration has given us one room which we take turns sharing. It has been wonderful to be more closely linked to these other religious traditions.

However tolerance can sometimes lead to some less desirable attitudes – such as indifference or even boredom towards truth. There is a story I have heard about a professor and student. The student is thanking the professor for his time at Oxford. When asked what he has learned, the young man answers, "Well, sir, I think I've learned to look at all sides of a question." The don replies: "I hope you've also learned how to choose one."

If everything is of equal value or truth than one can begin to wonder if anything has value or truth at all. This makes it far easier to walk away and not engage with anyone or anything. What appears as open-mindedness can actually become a rigid, closed-minded stance.

In terms of how this new attitude affects Canadian politics and law – more and more changes have been made that represent the non-Christian, non-religious perspective. It is hard however to legislate or bring into law virtues such as goodness, honour, love or even faith and faithfulness. Relationships and harmony can't be created by politicians and governments. Transformation of attitudes comes from within the individual and spreads outwards. In the midst of pluralism and many voices, it is important to learn to speak as well as listen. It is even more important to learn to combine truth with love.