No 18 - Comment on Hutterite decision 2006 07 19

CHURCH LAW BULLETIN NO. 18 JULY 19, 2006 Barristers, Solicitors & Trade-mark Agents / Avocats et agents de marques de commerce Affiliated with Fasken Martineau DuMoulin LLP / Affilié avec Fasken Martineau DuMoulin S.E.N.C.R.L., s.r.l. Editor: Terrance S. Carter OPERATOR’S LICENSES AND RELIGIOUS FREEDOM: A CASE COMMENT By Mervyn F. White, B.A., LL.B. and Anne-Marie Langan, B.A., B.S.W., LL.B. Assisted by Nancy E. Claridge, B.A., LL.B. and Derek Ross, LL.B. candidate A. INTRODUCTION In a recent decision of the Alberta Court of the Queen’s Bench, Hutterian Brethren of Wilson Colony v. 1Alberta it was affirmed once again that the government has a duty to accommodate the religious beliefs and practices of its citizens to the point of undue hardship. In this decision, section 3 of Alberta Regulation 137/2003, a regulation passed under the Operator Licensing and Vehicle Control Regulation (the 2“Regulation”), which requires all individuals to be photographed in order to obtain a operator’s license, was declared unconstitutional. The Regulation was challenged by a Hutterian community that interprets the Bible’s Second Commandment as prohibiting the willing capture of their image in photographs. The community successfully argued that the Regulation violated their guarantee of freedom of religion and equality under the 3Canadian Charter of Rights and Freedoms (the “Charter”). This Church Law Bulletin will review the court’s decision and discuss ...