Alberta v Hutterian Brethren of Wilson Colony
Alberta v Hutterian Brethren of Wilson Colony, 2009 SCC 37, [2009] 2 SCR 567 is a freedom of religion decision by the Supreme Court of Canada. The court addressed whether a requirement that all licensed drivers be photographed unconstitutionally violated the Hutterites' right to freedom of religion.
| Alberta v Hutterian Brethren of Wilson Colony | |
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| Hearing: October 7, 2008 Judgment: July 24, 2009 | |
| Full case name | Her Majesty the Queen in Right of Alberta v. Hutterian Brethren of Wilson Colony and Hutterian Brethren Church of Wilson |
| Citations | 2009 SCC 37, [2009] 2 SCR 567 |
| Docket No. | 32186 |
| Prior history | Judgement for the Hutterian Brethren at the Alberta Court of Appeal |
| Ruling | Appeal allowed. |
| Holding | |
| Mandatory driver's license photographs violates the religious freedom guarantee of section 2(a) the Canadian Charter of Rights and Freedoms, but this infringement is saved under section 1 due to the need to prevent identity fraud. | |
| Court membership | |
| Chief Justice: Beverley McLachlin Puisne Justices: Ian Binnie, Louis LeBel, Marie Deschamps, Morris Fish, Rosalie Abella, Louise Charron, Marshall Rothstein | |
| Reasons given | |
| Majority | McLachlin CJ (paras 1–109), joined by Binnie, Deschamps and Rothstein JJ |
| Dissent | Abella J. (paras 110–177) |
| Dissent | Lebel J. (paras 178–202) |
| Dissent | Fish J. (para 203) |
| Charron J took no part in the consideration or decision of the case. | |
| Laws applied | |
| R v Oakes, | |
External links
- Full text of Supreme Court of Canada decision available at LexUM and CanLII
- Centre for Constitutional Studies: Alberta v. Hutterian Brethren of Wilson Colony (2009)
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