State action was an indirectly contentious issue in the Court's opinions; one Justice, at least, emphasized this point in dissenting. To the extent state action was required here, it appears to have stemmed from the fact that the Civil Code of Quebec accords legal status to condominium ownership syndicates and grants co-owners "free use and enjoyment of [the] private portion and of the common portions" of the condo, "provided he observes the by-laws of the immovable and does not impair the rights of the other co-owners...."
Paul Horwitz Visiting Assistant Professor University of San Diego School of Law
From: "Nathan Oman" <[EMAIL PROTECTED]>
Reply-To: [EMAIL PROTECTED], Law & Religion issues for Law Academics <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>, Law & Religion issues for Law Academics <[EMAIL PROTECTED]>
Subject: Re: B'nai Brith Canada wins in landmark supreme court caseonreligious freedoms
Date: Thu, 1 Jul 2004 15:52:02 -0400
Doug,
Was the condiminium corporation at issue here a public housing facility, or does the Charter of Rights apply to private actors as well?
Nate Oman
---------- Original Message ----------------------------------
From: Douglas Laycock <[EMAIL PROTECTED]>
Reply-To: Law & Religion issues for Law Academics <[EMAIL PROTECTED]>
Date: Thu, 01 Jul 2004 14:45:26 -0500
> This is not my prose, but someone else's press release -- B'nai
>Brith Canada's I think. I doubt we could get the same result in many U.S.
>jurisdictions.
>
>>B'nai Brith Canada wins in landmark supreme court case
>>on religious freedoms
>>
>>FOR IMMEDIATE RELEASE
>>
>>
>>June 30, 2004.
>>
>>MONTREAL - In a landmark ruling, the Supreme Court of Canada has upheld
>>the rights of all Canadians to follow their religious practices without
>>interference by the courts.
>>
>>In what is widely seen as an illustration of this point, the Supreme
>>Court of Canada has ruled that Jewish condominium owners in a Montreal
>>building have the right to set up their own personal Succahs, temporary
>>religious huts that are constructed in celebration of the Jewish holiday
>>of Succot. B'nai Brith Canada's League for Human Rights had intervened
>>in the matter following the initial refusal of the condominium
>>corporation to allow observant Jewish residents to construct individual
>>huts on their own balconies.
>>
>>Allan Adel, National Chair of B'nai Brith's League for Human Rights,
>>reacting to the news, stated: "We are satisfied with the decision of the
>>Supreme Court, which has applied a broad interpretation to the Charter
>>guarantee of freedom of religion and believe it to be in the best
>>interests of all Canadians. The Succah ruling is an important,
>>groundbreaking case that champions the cause of religious freedom in
>>Canada and will have important ramifications well beyond the immediate
>>facts of the case."
>>
>>Montreal lawyer Steven Slimovitch along with B'nai Brith's Senior Legal
>>Counsel David Matas, represented the League before the Court.
>>Slimovitch, acknowledging that he was pleased with the verdict stated:
>>"This decision sets an important precedent for the exercise of sincerely
>>held religious beliefs. The High Court has upheld B'nai Brith's argument
>>that State should not be the final arbiter of religious dogma. Rather,
>>this must be a private matter set by each individual."
>>
>>
>>
>>Established in 1875, B'nai Brith is the Canadian Jewish community's
>>leading human rights agency.
>>
>
>
>
>Douglas Laycock
>University of Texas Law School
>727 E. Dean Keeton St.
>Austin, TX 78705
> 512-232-1341 (voice)
> 512-471-6988 (fax)
> [EMAIL PROTECTED]
>
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>
-- Nathan Oman
http://www.tutissima.com
http://www.timesandseasons.org
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