"Now it's My Rights Versus Yours" Equality in Tension with Religious Freedoms

  • Jena McGill Assistant Professor, University of Ottawa.


This article focuses on cases involving the equality rights of gay, lesbian, bisexual, and queer people in tension with the religious freedoms of faith-based communities that denounce gay, lesbian, bisexual, and queer identities and same-sex intimacy. Part II focuses on the idea of rights in tension and considers the jurisprudence of competing rights, as well as the existing legal framework for reconciling conflicting Charter rights. Part III considers four appellate level religion-equality cases from the past 15 years. Part IV discusses the conflict of rights in these cases and their future implications.