Elisabeth Goodwin

The appellant, an orthodox Sikh student, was prohibited by his school board from wearing a kirpan to school on the basis that it violated the school's code of conduct prohibiting weapons.

The student and his father proposed an accommodation to wear the kirpan sealed inside his clothing, which the school board rejected.

The Supreme Court of Canada held that the absolute prohibition infringed the student's freedom of religion under section 2(a) of the Canadian Charter of Rights and Freedoms.

The Court found that the infringement could not be justified under section 1 of the Charter, as the absolute prohibition did not minimally impair the student's rights given the low risk of violence when the kirpan is worn under strict conditions.

The school board's decision was declared null.

The appellants, Orthodox Jews, set up succahs on the balconies of their co-owned property to fulfill a religious obligation during the festival of Succot.

The respondent syndicate of co-owners requested their removal, citing a declaration of co-ownership that prohibited constructions on balconies.

The Supreme Court of Canada held that the declaration infringed the appellants' freedom of religion under the Quebec Charter.

The Court established a subjective test for freedom of religion, requiring only that a claimant sincerely believe in a practice that has a nexus with religion.

The Court found that the impairment of the appellants' religious freedom was serious, while the intrusion on the respondent's property and security rights was minimal.

The Court also rejected the argument that the appellants had waived their religious rights by signing the declaration of co-ownership.