Supreme Court Says Kirpans Okay for Children in School

Posted by Johannes Schenk on March 2nd, 2006 — Posted in Employment Law, Human Rights Law, Labour Law

The Supreme Court of Canada has rendered a decision in Multani v. Commission scolaire Marguerite-Bourgeoys, 2006 SCC 6. The Court found that it was discriminatory and contrary to freedom of religion rights to deny a Sikh child the ability to wear a kirpan in a school setting. The discrimination was not reasonably justifiable.

The case rules on the relationship between constitutional and administrative law principles. In short, where there is a violation of charter rights administrative law principles take a second seat to an infringement analysis.

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