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THE Evangelical Fellowship of Canada (EFC) has released a
20-page report entitled 'Zoned Out: Religious Freedom in the
Municipality.' It is an introductory guide that seeks to provide the reader with a basic understanding of the religious freedoms of faith groups and the process of engaging with local government when they encounter zoning challenges from municipalities.
"The report is a response to the increasing number of calls and
letters that we're receiving from faith groups," explained Faye
Sonier, EFC Legal Counsel. "As churches are moving or expanding, or neighbours discover congregations are caring for the needs of others such as the homeless or disabled, they are facing new difficulties with municipal governments in regard to zoning permits. This is a
significant hurdle for members of any not-for-profit association
seeking to assemble for worship and service."
Unfortunately, she added, "there appears to be some misunderstanding about the
applicability of the Charter of Rights and Freedoms to municipal
government entities and their actions. They are in fact subject to the Charter, and their decisions are required to reflect that."
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Citing the recent decision of the Supreme Court of Canada in the case of Alberta v. Hutterian Brethren of Wilson Colony, Sonier said religious groups "benefit from the right to religious freedom -- including worship, expression and service -- in the same way that the law has defined for individuals."
The EFC study provides a brief overview of the scope and extent of religious freedom in Canada; identifies the place of municipal law in the broader Canadian legal landscape; and offers suggestions for courses of action that groups facing challenges might take.
"Why are churches apparently facing greater challenges now?" Sonier asked, then noted:
"It's not clear. Some anecdotal evidence identifies several potential reasons. Perhaps municipalities have been caught off guard by an increasing number of applications, partly due to new
immigrants seeking to establish places of worship. Perhaps another
factor is the potential loss of revenue associated with designating property for places of worship as tax exempt. Perhaps, most simply, it is a misunderstanding of what it means to be a 'church.'
"Regardless, religious freedom remains a cornerstone of our free and democratic society and faith communities need to be aware of their rights and responsibilities."
The 'Zoned Out' report can be found here.
June 30/2010
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