I have a friend, and he is a Hutterite. He brings me food when I am down. He is my friend. Thanks Dan!! UPDATED: 2006-05-09 17:10:19 MST
Legislation requiring Hutterites to have photographs on their driver’s licences has been deemed a violation of their religious freedom.
By DAVE BREAKENRIDGE, CALGARY SUN
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Legislation requiring Hutterites to have photographs on their driver’s licences has been deemed a violation of their religious freedom after the province failed to prove it is justified to override the charter right.
In a 10-page decision released Monday, Court of Queen’s Bench Justice Sal LoVecchio said the regulation requiring all drivers to have the new-style licences featuring a digital photo goes against the rights of the Hutterite Brethren of Wilson Colony.
“In the present case, the amended regulation is inconsistent with the charter to the extent that it renders a digital photograph mandatory for individuals who claim a valid religious objection,” the ruling states, adding because of that inconsistency, “it is of no force or effect.”
Greg Senda, lawyer for the colony, near Coaldale about 200 km southeast of Calgary, said his clients are pleased with the result because had they been forced to comply, the number of drivers would have been reduced to zero, essentially destroying their way of life.
“Obviously, they’re pleased because we achieved what we set out do to,” Senda said.
“But they’re also pleased because it renews their faith in the Canadian justice system.”
Hutterites believe the Second Commandment in the Bible prohibits them from willingly having their picture taken and were exempt from having photos on licences until new versions started being issued in 2003.
The 37 licensed drivers on the colony were reduced to 15 through attrition, but those numbers have rebounded, Senda said, because of an extension of an order granting temporary, photo-free licences.
Senda said LoVecchio ruled in favour of the colony because the lawyer for the province failed to prove overriding the right would be of minimal impairment or was justified in a fair and democratic society.
Cathy Housdorff, a spokeswoman for Alberta Government Services, said the province is in the process of reviewing the decision, and is also considering whether to appeal.
http://www.spiritsd.ca/riverview/default.htm
Legislation requiring Hutterites to have photographs on their driver’s licences has been deemed a violation of their religious freedom.
By DAVE BREAKENRIDGE, CALGARY SUN
Email Print Write Size: A A A Share:
Facebook Digg Del.icio.us Google Stumble Upon Furl Newsvine Reddit Technorati Blinklist Feed Me Yahoo Socializer Ma.gnolia Raw Sugar Simpy Squidoo Spurl Blink Bits Rojo Blogmarks Shadows Netvouz Scuttle Co.mments Bloglines Tailrank Sitejot + Help
Legislation requiring Hutterites to have photographs on their driver’s licences has been deemed a violation of their religious freedom after the province failed to prove it is justified to override the charter right.
In a 10-page decision released Monday, Court of Queen’s Bench Justice Sal LoVecchio said the regulation requiring all drivers to have the new-style licences featuring a digital photo goes against the rights of the Hutterite Brethren of Wilson Colony.
“In the present case, the amended regulation is inconsistent with the charter to the extent that it renders a digital photograph mandatory for individuals who claim a valid religious objection,” the ruling states, adding because of that inconsistency, “it is of no force or effect.”
Greg Senda, lawyer for the colony, near Coaldale about 200 km southeast of Calgary, said his clients are pleased with the result because had they been forced to comply, the number of drivers would have been reduced to zero, essentially destroying their way of life.
“Obviously, they’re pleased because we achieved what we set out do to,” Senda said.
“But they’re also pleased because it renews their faith in the Canadian justice system.”
Hutterites believe the Second Commandment in the Bible prohibits them from willingly having their picture taken and were exempt from having photos on licences until new versions started being issued in 2003.
The 37 licensed drivers on the colony were reduced to 15 through attrition, but those numbers have rebounded, Senda said, because of an extension of an order granting temporary, photo-free licences.
Senda said LoVecchio ruled in favour of the colony because the lawyer for the province failed to prove overriding the right would be of minimal impairment or was justified in a fair and democratic society.
Cathy Housdorff, a spokeswoman for Alberta Government Services, said the province is in the process of reviewing the decision, and is also considering whether to appeal.
http://www.spiritsd.ca/riverview/default.htm
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