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RELIGIOUS FREEDOM AND COMMUNITIES

Religious Freedom and Communities

Religious Freedom and Communities

This book is a collection of papers that brings together leading experts of a variety of legal, religious and indigenous communities' backgrounds, to provide analytical commentary, of a sort useful to practitioners trying to think through tough questions, on the issues related to community and institutional aspects of religious freedom.

by Dwight Newman (Author)

Published: October 18, 2016 / ISBN/ISSN: 9780433490548

Section 2 of the Canadian Charter of Rights and Freedoms lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. Included in these fundamental freedoms is the freedom of religion.

Religious Freedom and Communities is a collection of papers that brings together leading experts of a variety of legal, religious and indigenous communities' backgrounds, to provide analytical commentary, of a sort useful to practitioners trying to think through tough questions, on the issues related to community and institutional aspects of religious freedom.

The collection of papers:

Preface – Dwight Newman
Part I: Background Frameworks

Ties that Bind: Collective Aspects of Religious Freedom – Dwight Newman
La garantie constitutionnelle de la libertι de religion: Mais, qu'est-ce que la religion? Qu'estce que Dieu? – Honourable Louis LeBel

On Collective Constitutional Rights: Lessons for Religious Rights from Language Rights – Howard Kislowicz
Part II: History, Society, and Religious Freedom

Traditions of Religious Liberty in Early Canadian History – Moin Yahya
Welcome to the Neighbourhood: Religion, Law and Living Together – Shauna Van Praagh
Collective Freedom of Religion – Alvin Esau
Part III: Comparative and International Perspectives on Communities and Religious Freedom

Freedom of Religion as a Group Right – Daniel Mark
International and Comparative Law Protections of Collective Aspects of Religious Freedom – Elizabeth Clark
Governmental Concern for International Religious Freedom: A Comparative Perspective – Maria Maddalena Giungi
Part IV: The Loyola Case and Practical Aspects of Religious Freedom Litigation

A Community's Right to Freedom of Religion: Loyola High School v. Quebec – J.K. Donlevy, Kevin P. Feehan, and Peter Bowal
From Dunsmuir to Dorι and beyond: Why administrative law matters in the protection of religious freedom in Canada –Don Buckingham
Part V: Religious Education and Christian Legal Education

Religious Education and Identity – Janet Epp-Buckingham
The (im)possibility of Christian education – Victor Muniz-Fraticelli
Legal Education, TWU, and the Looking Glass – Carissima Mathen & Michael Plaxton
Part VI: Complex Aspects of the Trinity Western University Controversy

Analogy and Neutrality: Thinking about Freedom of Religion – Mary Anne Waldron
Hanging in the Balance: The Rights of Religious Minorities – Faisal Bhabha
Part VII: Indigenous Religious Freedom

Qat'muk: Ktunaxa and the Religious Freedom of Indigenous Canadians – Sarah Morales
Implications of the Ktunaxa Nation / Jumbo Valley Case for Religious Freedom Jurisprudence – Dwight Newman
The United Nations Declaration on the Rights of Indigenous Peoples, Sacred Sites, and Religious Freedom – Dwight Newman, Elisa Ruozzi, and Stefan Kirchner
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Religious Organizations / In-house Counsel – need to be kept abreast of latest legal developments and their underlying philosophies in order to properly formulate organizational policies on religious rights
Human Rights Organizations & Counsel – need to advise of on the latest changes in legal approaches to religious rights
Aboriginal Communities – need to understand recent shifts in court approaches to religious rights of aboriginal communities in order to continue to dialogue with the government in this area
Federal and Provincial Ministries & Counsel – need to draft policies concerning religious rights
Educational Institutions – ensure school operation is in full compliance with religious rights of students and staff
Academia – study the perspectives and philosophies underlying recent shifts in court approaches and society's positions towards religious freedom

Featured authors


Dwight Newman, B.A., J.D., B.C.L., M.Phil., D.Phil., is a Professor of Law & Canada Research Chair in Indigenous Rights in Constitutional and International Law at the University of Saskatchewan and is currently on a sabbatical fellowship at Princeton University. He has gradually entered the field of mining law after having written and having been cited extensively for his work and advocacy on the Duty to Consult. His broader research on Aboriginal law issues has been in increasing demand, and he has given numerous presentations on Aboriginal title in Canada and abroad since the 2014 Tsilhqot'in decision. He has also published a general book on Natural Resource Jurisdiction in Canada (LexisNexis Canada, 2013). He has also presented at the Canadian Institute of Mining (CIM) conference and the World Mining Congress, published in the CIM Journal and CIM 2 Magazine, and taken continued his education to enhance his knowledge of mining economics and the integration of geological, economic, business, and legal factors in the mining context.

Table of contents
Preface
Part I: Background Frameworks
Part II: History, Society, and Religious Freedom
Part III: Comparative and International Perspectives on Communities and Religious Freedom
Part IV: The Loyola Case and Practical Aspects of Religious Freedom Litigation
Part V: Religious Education and Christian Legal Education
Part VI: Complex Aspects of the Trinity Western University Controversy
Part VII: Indigenous Religious Freedom

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A must for any Public Safety Legal Department. I will recommend it strongly, being in the Legal Profession
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05/28/2017
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