The majority held that requiring Loyola to teach other religions in a neutral way did not violate their freedom of religion, but that requiring them to teach their own religion in a neutral manner did, making the Minister’s decision unreasonable. The community at Loyola high school were therefore entitled to Charter protection of that right, which needed to be balanced against state values of secularism and regulating religious schools. At stake in this case was the religious freedom of parents and institutions to educate children according to a worldview that might be different than that of. First Amendment Overview The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference. In finding the Minister’s decision that all aspects of the ERC program needed to be taught neutrally, the Supreme Court affirmed that freedom of religion under s.2(a) of the Charter includes both individual and collective aspects of religious faith. The school proposed an alternate course, in which Catholicism would be taught from a Catholic perspective and other world religions taught from a neutral perspective. The ERC required schools to teach beliefs and ethics of various world religions from a neutral perspective. Freedom of Religion or Belief ( FoRB) is a human right which has been guaranteed under international law within the International Covenant on Civil and Political Rights (ICCPR) since 1966. The next task is to examine the courts’ case law on freedom of religion in order to determine whether the courts have relied on one or all of the rights offered by the Constitution when dealing with claims made by persons belonging to a religious minority group.7 Equally important are the choices made by persons belonging to a religious. This freedom of religion case began with a challenge by Loyola High School, a private Catholic high school, seeking judicial review of the Quebec Minister of Education, Recreation and Sports’ decision not to grant the school an exemption from mandatory curriculum of the Program on Ethics and Religious Culture (ERC). DeJoy, will be argued on Tuesday and is set to become the latest major argument before a court that has proven to be sympathetic to religious freedom claims.
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