Begins with the church–state relationship, noting the Charter of Rights and Freedoms takes into account the effects of federation, particularly the position of Quebec and the associated complications of laïcité, also addresses the legacy and current impact of bijuralism. Provides an overview of the contemporary relevant legal framework, as governed by statutory and constitutional provisions, noting the extent to which the country is a signatory state to international law. Gives an account of the law relating to the definition of “religion” and “belief”. Examines the church–state relationship as illustrated by case law relating to the freedoms of religion, association and expression. Focuses on the effect of equality and non-discrimination law on the church–state relationship as illustrated by case law. Concludes by considering the nature and extent of jurisdictional congruity with USA as regards their current interpretation of the principle; highlighting distinctive Canadian characteristics; identifying particular principles or rules relied upon by the judiciary or administrative bodies; and assesses the significance of cultural context as a differentiating factor.

The chapter argues that conscientious exemptions should not be granted to providers of commercial goods and services from the prohibition of sexual orientation discrimination on the basis that LGB people would thereby be treated by the law as second-class citizens. The chapter rejects the charge that the right to non-discrimination would consequently be prioritized over general right and that those that oppose homosexuality would be treated as second-class citizens. The majority of the chapter is devoted to showing that several fundamental rights (i.e. non-discrimination, association and expression) prohibit the state from treating those that oppose homosexuality as second-class citizens. Consequently, given the balancing of rights and harms involved, the right to non-discrimination on the ground of sexual orientation will prevail in certain circumstances while the general right to conscientious exemption will prevail in others.