What are the two criteria for S.2(a) infringement related to freedom of religion?

The criteria for an infringement of Section 2(a) of the Canadian Charter of Rights and Freedoms, which protects freedom of religion, focus on two key elements: sincere belief and interference with practice.

Sincere belief refers to the individual's genuine conviction or adherence to a religious faith or belief system. It emphasizes that the belief must come from a deeply held personal conviction rather than a mere casual or superficial interest in a religion. This criterion acknowledges that freedom of religion is a matter of personal identity and deeply rooted values.

Interference with practice involves examining whether a government action or law obstructs or disrupts the individual's ability to practice their religion. This element is essential because freedom of religion is not just about holding beliefs but also about the practical expression of those beliefs in one's daily life. If an action limits a person's ability to practice their religion in a meaningful way, it constitutes an infringement under Section 2(a).

These two criteria work together to protect both the belief itself and the actions that arise from that belief, ensuring that individuals can not only think freely but also engage in the rituals and practices central to their faith without undue interference. This comprehensive understanding of religious freedom is crucial in constitutional law as it upholds the diversity and complexity of belief systems in