Québec: may a Jew be compelled not to work on Saturdays?

May a Jew be compelled by his employer not to work on the Sabbath? That question recently came before the Québec Human Rights Tribunal.

Background

In Commission des droits de la personne et des droits de la jeunesse (Zilberg) c. 9220-3454 Québec Inc. (Spa Liv Zen (Spa Orazen)) 2017 QCTDP 13 (CanLII), the claimant, Richard Zilberg, was a hairstylist employed by Spa Orazen and its owner, Iris Gressy. He had a strong Jewish identity and attachment to his religion but chose not to observe Shabbat. So he worked six days a week including Saturday – which was the busiest day of the week at the salon. [6].

In 2012, Ms Gressy, who was herself Jewish, suggested that Mr Zilberg should stop working on Saturdays because he was a Jew. Continue reading

Law and religion round-up – 11th June

A week dominated by the last gasp of the General Election campaign and the same-sex marriage vote in the Scottish Episcopal Synod…

You’re joking – not another one?

The UK finally struggled to the polls after what seemed an interminable campaign. After the Brexit referendum, every commentator seemed to be an expert on constitutional law; after Thursday’s vote, it’s now time for “hung parliament” expertise, to which we would look towards the Commons Library Briefings here. In brief:

“Hung Parliaments may result in formal coalition agreements, or government by a minority administration by way of a ‘confidence and supply’ arrangement. If no party or group of parties is able to form a government, a further general election might be triggered under the Fixed-term Parliaments Act 2011. It is possible that over the lifetime of a Parliament, two or more of these options might occur”. Continue reading

Law and religion round-up – 21st May

And as the Election campaign grinds on… 

General Election 2017

The three main UK parties’ manifestos are now published: Conservative, Labour and Liberal Democrat. Unsurprisingly, there is little about “religion” in any of them; however, the Lib Dems have said that, if elected, they will introduce opposite-sex civil partnerships, while the Tories seem to have put the “British Bill of Rights” on the back burner for the whole of the next Parliament.

Prime Minister answers LGBT questions from Pink News readers

Theresa May answered questions posted by Pink News readers on a range of LGBT issues ahead of the General Election. Continue reading

Objection to episcopal election in the Anglican Church of Canada

The Anglican Church of Canada has issued the following press release:

House of Bishops of the Ecclesiastical Province of BC & Yukon registers objection to election of the Rev. Jacob Worley

For immediate release

The House of Bishops of the Ecclesiastical Province of BC & Yukon in the Anglican Church of Canada has registered its objection to the episcopal election of the Rev. Jacob Worley in the Diocese of Caledonia. Their objection is registered under Canon 4 (b) vi  “That he or she teaches or holds or within five years previously taught or held anything contrary to the Doctrine or Discipline of the Anglican Church of Canada.

Continue reading

Law and religion round-up – 23rd April

A week dominated by…

…the General Election, June 2017

On 18 April we published a short post on the announcement by the Prime Minister of her intention to move a motion for an early election in the House of Commons on the following day, under the provisions of the Fixed-term Parliaments Act 2011. The House of Commons Library immediately published a helpful short guide to the election, and for anoraks, it answers the question: Will the Manchester Gorton by-election go ahead? vide infra. The House of Commons Library has also produced a briefing on the Fixed Term Parliaments Act.

On 12:57 pm on 19 April, the Prime Minister moved “That there shall be an early parliamentary general election”. [HC Hansard, 19 April Vol 624 Col 681]. After a 90-minute debate, the House divided: Ayes: 522; Noes: 13.  Continue reading

Supreme Court of Canada to review congregational expulsion: Highwood Congregation v Wall

In Wall v Judicial Committee of the Highwood Congregation of Jehovah’s Witnesses 2016 ABCA 255 (CanLII), Mr Wall had sought judicial review of his expulsion from the Highwood Congregation. A chambers judge had concluded that the Court of Queen’s Bench had jurisdiction to hear the application and the Court of Appeal of Alberta (Paperny & Rowbotham JJ: Wakeling JA dissenting) upheld that ruling, concluding that

“… a court has jurisdiction to review the decision of a religious organization when a breach of the rules of natural justice is alleged … We note as well that the respondent appears to have exhausted all avenues of appeal within the church so jurisdiction could also be found on that basis” [22].

The case was remitted to the Court of Queen’s Bench to be heard by a judge other than the chambers judge, but on 13 April the Highwood Congregation was granted leave to appeal by the Supreme Court of Canada: see Judicial Committee of the Highwood Congregation of Jehovah’s Witnesses v Randy Wall, 2017 CanLII 20389 (SCC). Continue reading

Law and religion round-up – 5th March

Brexit rumbles on, but perhaps the most important event of the week was the outcome of the Northern Ireland Assembly Election – on which we would not presume to comment…

Son (or more accurately daughter) of Miller?

Gina Miller, who mounted the successful challenge in the Supreme Court to the Prime Minister’s proposal to trigger Article 50 TEU by using the Royal Prerogative, has said that she is looking at launching a new challenge if Parliament is not given a vote on the final terms of Brexit. Speaking to Bloomberg, Ms Miller explained: Continue reading