Supreme Court Upholds 'Neutral' Ethics And Religious Culture Course In Quebec

S.L. v. Commission scolaire des Chênes, 2012 SCC 7

This morning, the Supreme Court of Canada released an important decision on freedom of conscience and religion as protected by s. 2(a) of the Canadian Charter of Rights and Freedoms. The case related to an "Ethics and Religious Culture" or "ERC" course implemented by a Quebec school board, the Commission scolaire des Chênes.

The implementation of the ERC course was challenged by the parents of two school aged children who established a sincere belief as to their obligation to pass on the precepts of the Catholic religion to their children. The parents had applied to have their children exempted from attending the ERC course, but their applications were refused by the board.

The trial judge found that the ERC course consisted of an objective presentation of various religions, and did not place children "in an obligatory and coercive situation". In other words, it was found that this course did not serve to indoctrinate children towards any particular religious viewpoints, but rather taught them about some of the religious belief systems around them. Consequently, the trial judge dismissed the parents' application for a declaration that the implementation of the course constituted a violation of s. 2(a), and the Court of Appeal affirmed this decision.

In dismissing the challenge, Deschamps J. affirmed the point...