Which Charter section protects freedom of conscience and religion?

Section 2 of the Canadian Charter of Rights and Freedoms protects freedom of conscience and religion as the first of four fundamental freedoms guaranteed to everyone in Canada. Section 2(a) reads in full: 'Everyone has the following fundamental freedoms: (a) freedom of conscience and religion'. The Charter took effect on April 17, 1982 when Queen Elizabeth II signed the Constitution Act in Ottawa, and section 2 has been the subject of more than 40 Supreme Court of Canada decisions in the four decades since.

The Supreme Court first interpreted section 2(a) in R. v. Big M Drug Mart Ltd. (1985), striking down the federal Lord's Day Act of 1906 as a violation of religious freedom. Chief Justice Brian Dickson wrote that the essence of religious freedom is the right to entertain religious beliefs of one's choice, to declare them openly without fear of hindrance, and to manifest them by worship and practice or by teaching and dissemination. The Big M test continues to govern modern cases.

Section 2(a) covers both the freedom to hold and to manifest beliefs, and freedom from being compelled to participate in religious observance. It has shaped cases such as Multani v. Commission scolaire Marguerite-Bourgeoys (2006, the kirpan in Quebec schools), Alberta v. Hutterian Brethren of Wilson Colony (2009, photo requirements on driver's licences), and Saguenay v. Mouvement laique quebecois (2015, prayer at municipal council meetings). Quebec's Bill 21 (the Act respecting the laicity of the State, 2019) is being challenged under section 2(a), with the Quebec Court of Appeal ruling in 2024 that the notwithstanding clause shields the law from most Charter scrutiny.

Limits on freedom of religion must be justified under section 1 of the Charter using the Oakes test. Religious freedom does not protect coercive or harmful practices: laws against polygamy (upheld in Reference re Section 293 of the Criminal Code, 2011 BCSC), child marriage, and female genital cutting all stand despite religious-freedom challenges. The duty to accommodate religious practices in workplaces, schools, and public services remains a live area of human-rights law interpreted under both the Charter and federal-provincial human rights codes.