We reproduce below the factum of the Canadian Council of Christian Charities which has been granted the status of intervener at the forthcoming hearing in front of the Supreme Court of Canada in the case opposing a couple of Drummondville parents and their Quebec regional school board who refused granting them an exemption to the Ethics and Religious Culture course (ERC).
This part of the factum had to be no longer than ten pages long.
PART I - STATEMENT OF FACTS
1. The Canadian Council of Christian Charities (“CCCC”) was granted leave to intervene in this Appeal and to file a Factum of 10 pages by the Order of the Honourable Charron J. on March 28, 2011. The CCCC has also sought leave to make oral arguments at the Hearing of this matter. The CCCC accepts the facts as set out in the Appellant’s Factum.
PART II - STATEMENT OF ISSUES
2. The CCCC submits that the Central Question on this Appeal is as follows: Is the Refusal by the Province of Quebec to grant exemptions to parents who are opposed to a compulsory program on ethics and religious culture (“ERC”) inconsistent with the provisions of the Quebec Charter and the Canadian Charter of Rights and Freedoms and if so, in what particular or particulars and in what respect?
PART III - STATEMENT OF ARGUMENT
3. Each of the rights enshrined in Section 2 of the Charter requires a wide and liberal understanding, and also requires attention to the public benefit conferred by the right. Therefore, freedom of conscience and religion, thought, belief, opinion and expression, assembly and association must all be expansively and contextually considered.1
4. The associational dimension of freedom of religion has been well described by Professor David Schneiderman when he states:
This part of the factum had to be no longer than ten pages long.
PART I - STATEMENT OF FACTS
1. The Canadian Council of Christian Charities (“CCCC”) was granted leave to intervene in this Appeal and to file a Factum of 10 pages by the Order of the Honourable Charron J. on March 28, 2011. The CCCC has also sought leave to make oral arguments at the Hearing of this matter. The CCCC accepts the facts as set out in the Appellant’s Factum.
PART II - STATEMENT OF ISSUES
2. The CCCC submits that the Central Question on this Appeal is as follows: Is the Refusal by the Province of Quebec to grant exemptions to parents who are opposed to a compulsory program on ethics and religious culture (“ERC”) inconsistent with the provisions of the Quebec Charter and the Canadian Charter of Rights and Freedoms and if so, in what particular or particulars and in what respect?
PART III - STATEMENT OF ARGUMENT
3. Each of the rights enshrined in Section 2 of the Charter requires a wide and liberal understanding, and also requires attention to the public benefit conferred by the right. Therefore, freedom of conscience and religion, thought, belief, opinion and expression, assembly and association must all be expansively and contextually considered.1
4. The associational dimension of freedom of religion has been well described by Professor David Schneiderman when he states:
If group purposes will clash, then the state should aim to respect, to the greatest degree possible, the varied purposes for which people gather together. Too often this aim results in having to make difficult choices between associational purposes. In these instances, pluralists will call upon state actors to take care that they do not impair associational rights more than is necessary. Courts have often not been so careful. They have assumed a unity of purpose between state and society that should not so readily be presumed […] To the extent, then, that a pluralist theory of the constitution accommodates vulnerable communities and subcultures, the world will have been made a safer place. Associational rights, in this way, generate resources for survival in a modern setting.2





