Religious Freedom in Focus: Canadians Join Global Dialogue at BYU Symposium

Two Canadians were among the 135 delegates from 47 countries who gathered for the 32nd Annual International Law and Religion Symposium at Brigham Young University’s (BYU) J. Reuben Clark Law School in Provo, Utah. Delegates from around the world, representing a rich tapestry of religious traditions, gathered to discuss religious freedom.

Symposium representatives from Canada included Julia Beazley, director of public policy for the Evangelical Fellowship of Canada, and André M. Schutten, senior legal counsel and director of training and development at Christian Legal Fellowship.

Paths to Flourishing

C. Shane Reese, BYU president, opened the conference by addressing its theme: “Building Paths to Flourishing: Regional, National and International Protections of Religious Freedom.” Delegates were invited to consider how shared commitments to religious freedom might transcend national boundaries and foster global flourishing.

Brett G. Scharffs, director of the International Center for Law and Religion Studies (ICLRS) at the J. Reuben Clark Law School at BYU, welcomed and encouraged the delegates: “As you talk amongst yourselves and as you have these dialogues about religious freedom, do not forget about the young people of our planet. The rising generation needs this more than anyone so that they become part of the dialogue.” (BYU law students are an integral part of ICLRS planning and operations each year.)

Canadian Presenters

Beazley and Schutten participated in a joint session with Simon O’Connor, former New Zealand member of parliament and director of external and strategic engagement at Family First New Zealand. Each shared developments in religious freedom issues in Canada and New Zealand. Jelle Creemers, director of the Institute for the Study of Freedom of Religion or Belief, moderated the panel.

Beazley highlighted the protections afforded by Canada’s Charter of Rights and Freedoms and then expressed concern about increasing points of friction at the intersection of religion and public life. Within a three-point framework of exclusion, expression and coercion, she shared multiple examples of recent and/or ongoing pressures to religious freedom.

Beazley summarized, “Canada’s Charter of Rights and Freedoms guarantees every person the right to freedom of religion and conscience, freedom of thought, belief, opinion and expression, and freedom of association. Freedom of religion is the first freedom listed and, in many ways, encompasses all the other freedoms. … All freedoms thrive when freedom of religion is respected and protected.”

Schutten discussed a Canadian case currently before the courts: the appeal of Wirring v. Law Society of Alberta. He explained, “The appeal arises from a dismissal of a religious freedom claim related to the oath of allegiance [to the king] required of candidates for admission to the Alberta bar. Mr. Wirring is an otherwise eligible candidate who, as an Amritdhari Sikh, cannot swear an oath of allegiance to a person or entity other than the Creator in the Sikh tradition. The chambers justice ruled that, despite Mr. Wirring’s literal interpretation of the oath’s wording, the ‘correct’ meaning of the oath was a ‘symbolic commitment’ to uphold the rule of law and not a literal oath of allegiance to a person. As such, the court concluded that the oath did not ‘objectively’ interfere with Mr. Wirring’s conscientious beliefs.”

The question before the courts and topic for Schutten’s presentation was how courts should “objectively” assess whether a claimant’s conscience has been violated, contrary to Canadian Charter guarantees. Oral arguments on this case were heard on October 31, 2024, and a decision is still pending.

Milestone Year

This year’s symposium coincided not only with the 25th anniversary of the ICLRS at BYU, but also with the 80th anniversary of the United Nations and the 50th anniversary of the Organization for Security and Co-operation in Europe.

These anniversaries provided a meaningful backdrop for conversations about the impact of regional and international organizations on the freedom of religion or belief. Delegates were encouraged to engage in robust discussions on how regional and international organizations can better support freedom of religion or belief, especially in contexts where national sovereignty and cultural identity present complex challenges.>

The Canadian delegates expressed hope at the symposium’s conclusion. “There’s so much hope in what I heard these last few days,” said Beazley. Schutten added, “The symposium has given me hope that thoughtful engagement on religious freedom really will make a difference, that it can improve things all over the world.”

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