positions are involved, must always be whether the measure under scrutiny promotes or retards the achievement of human dignity, equality and freedom.
[95]The hallmark of an open and democratic society is its capacity to accommodate and manage difference of intensely-held world views and lifestyles in a reasonable and fair manner.[1] The objective of the Constitution is to allow different concepts about the nature of human existence to inhabit the same public realm, and to do so in a manner that is not mutually destructive and that at the same time enables government to function in a way that shows equal concern and respect for all.
[96]The need for co-existence and respect for diversity of belief is in fact expressly recognised by the Marriage Act. The Act in terms permits religious leaders to be designated as marriage officers, religious buildings to be used for the solemnisation of marriages, the marriage formula usually observed by a religious denomination to be employed and its religious marriage rites to be followed. It is not only permissible to
- ↑ In the 2002 René Cassin lecture published in Recognising Religion in a Secular Society: Essays in Pluralism, Religion, and Public Policy Douglas Farrow (ed), Canadian Chief Justice Beverley McLachlin points out that the law faces the seemingly paradoxical task of asserting its own ultimate authority while carving out a space within itself in which individuals and communities can manifest alternate, and often competing, sets of ultimate commitments. (At 16.) She refers to the tension between the rule of law and the claims of religion as a dialectic of normative commitments:
“What is good, true, and just in religion will not always comport with the law’s view of the matter, nor will society at large always properly respect conscientious adherence to alternate authorities and divergent normative, or ethical commitments. Where this is so, two comprehensive worldviews collide. It is at this point that the question of law's treatment of religion becomes truly exigent. The authority of each is internally unassailable. What is more, both lay some claim to the whole of human experience. … This clash of forces demands a resolution from the courts. The reality of litigation means that cases must be resolved. The dialectic must reach synthesis.” (At 21–2.)
She then goes on to show how the Canadian Charter of Rights and Freedoms provides the courts with a context for reconciling the competing world views. (At 28–33.) For a critique of what is referred to as triumphalistic secular fundamentalism that seeks to impose secular dogma on the whole of society, see Benson “Considering Secularism” in Recognising Religion in a Secular Society id at 95.
