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Syndicat Northcrest v Amselem
''Syndicat Northcrest v Amselem'' () 2 S.C.R. 551 was a decision of the Supreme Court of Canada that attempted to define freedom of religion under the Quebec Charter of Human Rights and Freedoms and section 2 of the Canadian Charter of Rights and Freedoms. Although the Supreme Court split on their definition, the majority advocated tolerating a practice where the individual sincerely feels it is connected to religion, regardless of whether the practice is required by a religious authority.
==Background==
The case arose after Orthodox Jews in Montreal erected succahs on their balconies in a residential building which they owned. Succahs are small dwellings in which Jews live during Succot, a Jewish holiday, in accordance with the Hebrew Bible. However, those who managed the buildings, Syndicat Northcrest, claimed the succahs violated by-laws forbidding structures to be built on the balconies. The Orthodox Jews had not seen this requirement as applying to religious requirements because Christmas decorations and the like were allowed. Syndicat Northcrest denied all requests that succahs be built, except one to be shared but this did not however meet minimal Jewish Halachic requirements. Consequently, an injunction by Syndicat Northcrest was filed against further succahs.
While there was no government action responsible for violating a right, the Quebec Charter is of relevance to personal disputes. As Justice Michel Bastarache wrote, "the first paragraph of s. 9.1 (the Quebec Charter ), insofar as it does not require that the infringement of a right or freedom result from the application of the law, applies only to private law relationships, that is, to infringements of the rights and freedoms of private individuals by other private individuals."〔Para. 152.〕 Bastarache noted this is what occurred in a previous case, ''Aubry v Éditions Vice-Versa Inc'' (1998).
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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