SUPREME COURT OF CANADA CITATION: Alberta v. Hutterian ...

Present: McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella and Rothstein JJ.ON APPEAL FROM THE COURT OF APPEAL FOR ALBERTAConstitutional law — Charter of Rights — Freedom of religion — New regulationrequiring photo for all Alberta driver’s licences — Members of Hutterian Brethren sincerelybelieving that Second Commandment prohibits them from having their photograph willingly taken— Whether regulation infringed freedom of religion — If so, whether infringement justified —Canadian Charter of Rights and Freedoms, ss. 1, 2(a) — Operator Licensing and Vehicle ControlRegulation, Alta. Reg. 320/2002, s. 14(1)(b) (am. Alta. Reg. 137/2003, s. 3).Constitutional law — Charter of Rights — Right to equality — Discrimination based onreligion — New regulation requiring photo for all Alberta driver’s licences — Members of HutterianBrethren sincerely believing that Second Commandment prohibits them from having theirphotograph willingly taken — Whether regulation infringed right to equality — Canadian Charterof Rights and Freedoms, s. 15 — Operator Licensing and Vehicle Control Regulation, Alta. Reg.320/2002, s. 14(1)(b) (am. Alta. Reg. 137/2003, s. 3).Alberta requires all persons who drive motor vehicles on highways to hold a driver’slicence. Since 1974, each licence has borne a photograph of the licence holder, subject toexemptions for people who objected to having their photographs taken on religious grounds.Religious objectors were granted a non-photo licence called a Condition Code G licence, at theRegistrar’s discretion. In 2003, the Province adopted a new regulation and made the photo