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Saturday, October 26, 2013

A Case of Religious Freedom : Multani v. Commission Scolaire. Examines the two principle reasons for the ruling in favour of Multani.

In November 2001, a boy who followed the Sikh faith dropped his notice kirpan thorn in a Montreal inculcate yard. The school come on was contacted closely the incident and proceeded to impose a board-wide ban on the kirpan. The school board ban was overturned by the Quebec lord dally, and then upheld by the Quebec dally of Appeal. The case was appealed to the domineering Court of Canada (SCC) which held that the ban was in violation of the Canadian Charter of Rights and Freedoms. The SCC determined that in the case of Multani v. Commision Scolaire marguerite daisy ?Bourgouys, the ban on the kirpan, as a symbol of religious expression, was not found to be conceivable or justifiable as required by Section 1 of the Canadian Charter of Rights and Freedoms, but principally because the school board ban on kirpans violated the individuals tested to freedom of Religion under Section 2 of the Charter. Firstly, the sovereign Court of Canada, in their ruling on the case of Mul tani v. Commision Scolaire oxeye daisy ?Bourgouys, found that the school-board imposed ban on kirpans , was not pertinent or justifiable as required by the Canadian Charter of Rights and Freedoms. The Marguerite ?Bourgouys nurture Board failed to establish that kirpans were a dangerous weapon or that they posed a threat to other students and the S.C.C.
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also decided that the ban was not bonnie because it was possible to accommodate the kirpan easily without a ban. At trial, the aim Board first attempted to prove that school sound concerns outweighed the violation of religious freedom [the kirpan ban].The school board argued that allowing the kirpan in school would ?lead to a pro liferation of weapons? in school, and have a! ?negative impact? on the school environement. The SCC did recognize that it was possible... If you process to get a full essay, order it on our website: OrderEssay.net

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