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13 Touro Int'l L. Rev. 1 (2010)

handle is hein.journals/touint13 and id is 1 raw text is: TOURO INTERNATIONAL LAW REVIEW Security and the Sacred: Examining Canada's Legal Response to the Clash of Public Safety and Religious Freedom By Michael Baker ABSTRACT In recent years, the Supreme Court of Canada has grappled with the issue of religious freedom within the public sphere. Particularly, the Court has examined the question of when, if ever, religious freedom should yield to perceived public safety concerns. These perceived concerns have involved numerous forms of expression, but the discussion has most often focused on the kirpan, a small dagger, and an important article of the Sikh faith. This article examines the rulings of Canadian courts with respect to this and other faith-based articles of expression, and posits that a clear, consistent legal approach has yet to be articulated. The article then attempts to outline what a desirable rule for these cases would look like, taking Canada's legal history and prevailing values into consideration in doing so. TABLE OF CONTENTS I. INTRODUCTION... ..................................................... 3 II. FREEDOM OF RELIGIOUS EXPRESSION GENERALLY .................. .......5 A. International Recognition of Religious Freedom ..................... 5 B. Non-Western Religious Practices in the Post-9/11 Western World ..................................................... 7 III. THE CANADIAN CONCEPTION OF RELIGIOUS FREEDOM ...................... 9 A. Placing Limitations on Religious Freedom in Canada......... ....... 12 B. Safety Concerns Posed by Religious Clothing and Symbols ............ 14 1. Safety concerns involving religious head coverings .... ........... 17 2. Safety concerns involving the kirpan ......................... 21 ANALYSIS ............................................................. 27 Volume 13, 20 10 - 1 - IV.

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