Freedom of religion is the basic principle that informs the right to equal treatment under the Code on the ground of creed.[7] First, this implies that the law can require measures to facilitate the practice of religious observances.[8] Second, it also means that no person can force another to accept or comply with religious beliefs or practices.
This dual aspect of equality is emphasized by case law that has consistently protected freedom of religion and expressions of religious beliefs as well as non-beliefs and refusals to participate in religious practices.[9] According to a 1989 human rights decision, no matter how convinced a person may be that he or she has a religious message that others should hear and heed, the Code prohibits the imposition of that message onto others. "In the workplace, a religiously militant employer is no more entitled to impose his or her version of religious enlightenment on employees than a sexually militant employer is entitled to impose his or her sexual ideas or wishes."[10]
[7] This is reflected in the Preamble of the Code which recognizes that the
recognition of the inherent dignity and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace ... [and that has as its aim] the creation of a climate of understanding and mutual respect for the dignity and worth of each person so that each person feels a part of the community and able to contribute fully to the development and well-being of the community and the Province.
[8] The notion of "accommodation" is dealt with in the section entitled "Duty to Accommodate."
[9] The principle was established in the Charter context in R. v. Big M Drug Mart Ltd., [1985] 1 S.C.R. 295 and in Ontario Human Rights Commission and O'Malley v. Simpsons-Sears Ltd. (1985), 7 C.H.R.R. D/3102 (S.C.C.) at par. 24775.
[10] Dufour v. J. Roger Deschamps Comptable Agréé (1989), 10 C.H.R.R. D/6153 (Ont. Bd. of Inquiry) at 6170.