Let’s Talk Religion
Despite the fact that religion can be a sensitive topic in our society, and specifically in a secular province, it is no less true that Quebec has always welcomed people from different cultures and practicing different religions.
Article 3 of the Québec Charter of Human Rights and Freedoms states:
Every person is the possessor of the fundamental freedoms, including freedom of conscience, freedom of religion, freedom of opinion, freedom of expression, freedom of peaceful assembly and freedom of association.
[Emphasis added]
Under art. 601 of the Quebec Civil Code, parental authority includes custody, supervision and education of the child. According to case law, religion is part of a parent’s education of his or her child. In the event of separation, parental authority continues to be exercised by both parents. Where there is opposition, the Court may be called upon to rule on the matter, a decision that will be taken in the best interests of the child.
In Young vs. Young, a landmark decision on the issue of opposing religious practice for a child whose parents are separated, the Supreme Court stated: Where there is conflict over religion, the court is not engaged in adjudicating a “war of religion” and the religious beliefs of the parties themselves are not on trial. Rather, it is the manner in which such beliefs are practised together with the impact and effect they have on the child which must be considered. In all cases where the effects of religious practices are at issue, the best interests of the child must prevail.
The Court therefore intervenes when a religious practice or belief inculcated on the child is not in his or her best interests, and will only do so when there is opposition from the other parent. Without such opposition, the Court refrains from making decisions on religion.
To make the distinction, here are a few examples of cases where the Court has interfered:
In Droit de la famille – 1456, there were two practices of the Jehovah’s Witnesses religion to be analyzed that one of the parents wanted to carry out with the child, while the other was opposed. The first was door-to-door visits, and the second was attending meetings to learn about the religion. The Court of Appeal upheld the Superior Court’s decision to prohibit the door-to-door visits, since the evidence showed that the child was somewhat disturbed by them. On the other hand, the Court of Appeal allowed the child’s participation in the meetings, since there was no attempt to forcibly indoctrinate the child.
In Droit de la famille – 221198, after marrying under the Catholic faith and raising their five children under the same religion for several years, one of the parents chose to join the Seventh-Day Adventist movement. After their divorce, he rigidly propagated his faith to the children during his parenting time, causing a major rift with the other parent. The Court ruled that, in the best interests of young children, they should not participate in religious services, demonstrations or ceremonies until they are old enough and able to choose the religion they wish to follow. Parents were thus to avoid any propaganda aimed at their children.
In Droit de la famille – 242667, one parent had recently started practicing a religion, and was taking his child there when he had parental time. The other parent, who did not belong to any religious denomination, was annoyed by this influence on his child, since the discovery of this religion had been made on social networks. The Court decided not to intervene, since the practice did not appear to have any negative impact on the child’s development, and there was no question of forced indoctrination.
A good summary of the state of the law in Quebec according to the law and the various decisions is set out by the Court of Appeal in Droit de la famille – 1456*:
The fundamental right to freedom of religion is such that it authorizes and justifies each of the ex-spouses to practice his or her religion freely in the presence of the child and to teach the child the precepts of the religion of his or her choice, subject to the following reservations;
This teaching must, however, be respectful of the other spouse’s religion and, above all, respectful of the child’s right to free choice of his or her own religion, once he or she has reached the age and maturity to do so;
Any form of proselytizing, any attempt at forced indoctrination, any teaching whose form or content would be likely to disturb the child or create a state of conflict or tension between the child and the other parent that would harm the integrity of the parental relationship, will justify the intervention of the Tribunal and, if necessary, the imposition of constraints or restrictions;
Any decision by the Tribunal in this regard will have as its primary objective only the best interests of the child, under both section 16 of the Divorce Act and section 30 of the Civil Code of Québec;
Each case is an individual one, the solution of which depends essentially on the appreciation of the evidence that may be adduced of a situation undesirable for the child’s well-being, an area in which the role of the master of evidence and facts, the first judge, must be respected by an appeal court, unless the first judge has misdirected himself in law or has manifestly erred in his appreciation of the evidence.
A separation or divorce is certainly difficult and has its share of challenges. In the beginning, we may well share the same values in terms of religion, but over time, this is an aspect that can change, and we end up not seeing religion in the same light as our partner. Or it may be a subject that has never been discussed by either parent! Both parents have the right to guide the religious upbringing of their child(ren). If this type of disagreement becomes a problem in your home and for the well-being of your child(ren), please don’t hesitate to contact us.
Reference URL - https://www.spuntcarin.com/parental-authority-on-religion/