ABSTRACT
This chapter analyzes Supreme Court of Canada (SCC) decisions concerning religious freedom through the lens of Charles Taylor's philosophy. It finds that decisions prior to 2012 reflect a more secular perspective, in that they reflect a narrowing out of the public aspect of religion in Canadian public life. The chapter suggests that a more "secular" court (in Taylor's third sense) would recognize that the belief and value system it takes for granted is itself contestable and contested, and that in that sense a "secular (3)" court would foster a genuine pluralism. It also analyzes more recent SCC decisions, from 2012 onward, arguing that they show a divergence from prior decisions and a more encouraging interpretation of religious freedom despite an emerging conflict with equality rights. Finally, the chapter outlines some possible challenges to religious freedom in Canadian law and provides some perspectives that a court could adopt in dealing with those challenges.
