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

The following are the reasons delivered byLEBEL J. —I. Introduction[178] I have read the reasons of the Chief Justice and of my colleague Justice Abella. Withrespect for the other view, I agree with the comments of Justice Abella on the nature of the guaranteeof freedom of religion under s. 2(a) of the Canadian Charter of Rights and Freedoms. I share heropinion that the impugned regulation that limits freedom of religion has not been properly justifiedby the appellant under s. 1 of the Charter. As a result, as she proposes, I would dismiss the appealand uphold the declaration of invalidity of the regulation that requires the members of the HutteriteColony to have their photos taken as a condition for the renewal or issuance of a driver’s licence.[179] After a few short comments on freedom of religion, I will focus my analysis on theinterpretation and application of s. 1 of the Charter. I have some concerns as to how the reasons ofthe Chief Justice structure and apply the method of justification of s. 1, in other words, the Oakestest, as it is now known.A. Freedom of Religion[180] The constitutional guarantee of freedom of religion has triggered a substantial amountof litigation since the coming into force of the Charter. The present appeal illustrates enduring