R. v. Jones
Encyclopedia
R. v. Jones, [1986] 2 S.C.R. 284 is an early leading Supreme Court of Canada
decision on the freedom of religion
under section 2(a)
of the Canadian Charter of Rights and Freedoms
and the right to security of person
under section 7
.
church who did not want his three children educated in school and instead was teaching them himself in the basement of the church. The Alberta
Schools Act requires all parents to send their children to school unless the parent can show that they are going to an accredited private school
or the government has approved the home-school
curriculum. Jones was charged with truancy
under the Schools Act.
Jones argued that the rule requiring government approval to educate his children involves "his acknowledging that the government, rather than God, has the final authority over the education of his children" and so contravenes his right to freedom of religion under section 2(a) and his right to have control over how his children are educated which is protected under section 7.
, for the majority, held that the Act did not violate the Charter. He found that the degree of control that the Act imposed on Jones' children was far from absolute. It was a reasonable requirement and was supported by a compelling interest that it could be justified in a free and democratic society. The certification procedure was in no way manifestly unfair or contravened any principles of fundamental justice
and so did not invoke section 7. While the Supreme Court ruled that although Thomas Jones did have to license the school, the provincial government had to provide reasonable accommodation for religious belief. The court ruled that the province must “‘delicately and sensitively weigh the competing interests so as to respect as much as possible the religious convictions as guaranteed by the Charter,”
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision on the freedom of religion
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
under section 2(a)
Section Two of the Canadian Charter of Rights and Freedoms
Section Two of the Canadian Charter of Rights and Freedoms is the section of the Constitution of Canada's Charter of Rights that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
and the right to security of person
Security of person
Security of the person is a basic entitlement guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. It is also a human right explicitly mentioned and protected by the Constitution of Canada, the Constitution of South Africa and other laws around the...
under section 7
Section Seven of the Canadian Charter of Rights and Freedoms
Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and...
.
Background
Thomas Jones was a pastor in a fundamentalistFundamentalist Christianity
Christian fundamentalism, also known as Fundamentalist Christianity, or Fundamentalism, arose out of British and American Protestantism in the late 19th century and early 20th century among evangelical Christians...
church who did not want his three children educated in school and instead was teaching them himself in the basement of the church. The Alberta
Alberta
Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...
Schools Act requires all parents to send their children to school unless the parent can show that they are going to an accredited private school
Private school
Private schools, also known as independent schools or nonstate schools, are not administered by local, state or national governments; thus, they retain the right to select their students and are funded in whole or in part by charging their students' tuition, rather than relying on mandatory...
or the government has approved the home-school
Homeschooling
Homeschooling or homeschool is the education of children at home, typically by parents but sometimes by tutors, rather than in other formal settings of public or private school...
curriculum. Jones was charged with truancy
Truancy
Truancy is any intentional unauthorized absence from compulsory schooling. The term typically describes absences caused by students of their own free will, and usually does not refer to legitimate "excused" absences, such as ones related to medical conditions...
under the Schools Act.
Jones argued that the rule requiring government approval to educate his children involves "his acknowledging that the government, rather than God, has the final authority over the education of his children" and so contravenes his right to freedom of religion under section 2(a) and his right to have control over how his children are educated which is protected under section 7.
Reasons of the court
Justice Gérard La ForestGérard La Forest
Gérard Vincent La Forest, CC, QC, FRSC, LL.D was a Puisne Justice of the Supreme Court of Canada from January 16, 1985 to September 30, 1997....
, for the majority, held that the Act did not violate the Charter. He found that the degree of control that the Act imposed on Jones' children was far from absolute. It was a reasonable requirement and was supported by a compelling interest that it could be justified in a free and democratic society. The certification procedure was in no way manifestly unfair or contravened any principles of fundamental justice
Fundamental justice
Fundamental justice is a legal term that signifies a dynamic concept of fairness underlying the administration of justice and its operation, whereas principles of fundamental justice are specific legal principles that command "significant societal consensus" as "fundamental to the way in which the...
and so did not invoke section 7. While the Supreme Court ruled that although Thomas Jones did have to license the school, the provincial government had to provide reasonable accommodation for religious belief. The court ruled that the province must “‘delicately and sensitively weigh the competing interests so as to respect as much as possible the religious convictions as guaranteed by the Charter,”