The Supreme Court of Canada has handed down judgment in Ktunaxa Nation v British Columbia (Forests, Lands and Natural Resource Operations) 2017 SCC 54 (CanLII), dismissing a challenge to the construction of a ski resort in an area in British Columbia of particular spiritual significance to the Ktunaxa Nation. Continue reading
A typical eclectic mix of news from the world of law and religion…
Organ donation – presumed consent
One aspect of the Prime Minister’s speech to the Conservative Party Conference on Wednesday that received relatively little media attention was her announcement of plans to move to a system of presumed consent for organ donation under which everyone would be presumed to agree to the removal and reuse of body parts after their death unless they opted out, rather than the present situation in which it is necessary to opt in to organ donation. However, the issue is not straightforward and the approach of different faith groups to organ donation complicates the matter. Continue reading
In this guest post, cross-posted with permission from the UK Constitutional Law blog, Javier García Oliva looks at the wider constitutional implications of two recent cases involving children and religion.
Two high-profile cases concerning the approach of public authorities towards religion and identity, where the care and future of looked after children were concerned, have featured this summer.
Firstly, a Sikh couple were denied the opportunity to adopt a white baby by Adopt Berkshire, the Windsor and Maidenhead council-run adoption agency, and despite considerable political pressure and the intervention of the EHRC, the local authority refused to alter its position, Continue reading
End of “silly season” brings news from around the UK, and a new motu proprio
Hijabs in primary schools
There were various reports (eg in The Sunday Times and the Evening Standard) that “Children as young as three are being allowed to wear the hijab in British nurseries and primary schools.” The ST reported that its survey found that a fifth of 800 primary schools, including Church of England schools, list the hijab as part of their uniform. “Campaigners” objected, Continue reading
A quiet week, apart from…
… not the Great Repeal Bill
In Public Law for Everyone, Professor Mark Elliott’s post looks in some detail (albeit preliminarily) at how the EU (Withdrawal) Bill works, and comments on some of the key constitutional issues that it raises, here. As a taster (for both Brexiteers and Remainers), he concludes: Continue reading
We tend not to encroach into Ireland, but we thought it worth reporting a recent case on the status in Irish law of a polygamous marriage contracted validly in Lebanon.
HAH, the husband, was a recognised refugee and naturalised Irish citizen who had contracted marriages with two women in Lebanon in accordance with Lebanese law. Continue reading
And in a week overshadowed by the horrendous fire at Grenfell Tower and the fallout from the General Election …
Access for Northern Ireland women to free abortion in England
- Was the Secretary of State ‘s failure to exercise his power to require abortion services to be provided through the NHS in England to women ordinarily resident in Northern Ireland unlawful as a failure to discharge his duty under s 3 of the National Health Service Act 2006 to “take such steps as he considers necessary to meet all reasonable requirements” for services?
- Does the continuing failure to provide free abortion services in England to women ordinarily resident in Northern Ireland infringe Articles 14 (discrimination) and 8 (private and family life) ECHR?
The appeal was dismissed by a 3-2 majority, and we suggested that it is quite possible that the case is bound for Strasbourg. Continue reading