Our response to the Court of Appeal's handling of this issue draws on the majority reasons for judgment of Chief Justice McLachlin in Alberta v Hutterian Brethren
of Wilson Colony, to which, surprisingly, the Court of Appeal made no reference in this part of its reasons.
For example, another Alberta case that made its way to the Supreme Court of Canada involved the Hutterian Brethren
of Wilson Colony who challenged a provincial regulation that required them to have photo identification on their driver's licenses.
155) McLachlin CJ reached the opposite conclusion in Alberta v Hutterian Brethren
of Wilson County ('Hutterian Brethren
') on the basis that a combination of logic and the evidence adduced by the appellant suggested that the beneficial effects of a universal photograph requirement for obtaining a drivers' licence outweighed the limited financial burden "on the respondents' freedom of religion.
In "Hutterite Diaries: Wisdom from My Prairie Community", Linda Maendel (a Hutterite author, blogger, and teacher who lives in Elm River Colony outside of Winnipeg, Manitoba, Canada) offers a rare glimpse into the daily routines and communal faith of her people, the Hutterian Brethren
Like the decision in BC Health Services, the section (15 (1)) claim in Hutterian Brethren
(147) received minimal attention from the Court and was dismissed by the majority in one short paragraph.
However, more than one constitutionalist must have been surprised to see the result of that test in the SCC's 2009 Hutterian Brethren
In addressing the justified limits on freedom of religion in order to promote equality, it must be remembered that there is more latitude in limiting freedom of religion outside a penal context, where instead what is involved is access to benefits or privileges: Alberta v Hutterian Brethren
of Wilson County (12).
18) The obvious problem connected with Kaiser's derivation of Sabbatarianism from Hut's Anabaptism is that it contradicts the statement of the Chronicle of the Hutterian Brethren
, according to which the Sabbatarians, in contrast to the Austerlitz Brethren and the Hutterites themselves, were not among the Anabaptist groups that originated from Hut's movement.
In three cases, Amselem, Multani and Hutterian Brethren
of Wilson Colony, the Supreme Court of Canada examined conflicts between state law and the religious practices of litigants.
The Council of Elders of the Hutterian Brethren
Church discouraged the land purchase because the land in question was made up of a number of isolated parcels.
For example, in Alberta v Hutterian Brethren
of Wilson Colony, the Court reviewed a claim that Alberta's mandatory photo requirement for drivers' licences was unconstitutional in light of the belief of Hutterites that having their photos taken violates the second commandment.
The Supreme Court of Canada's recent decision in Alberta v Hutterian Brethren
of Wilson Colony (1) set off a firestorm of critical reaction in the academic community.