Canada : opposition entre la liberté de religion et les droits civils garantis par la Constitution
| Auteur | Legal News |
La Cour suprême du Canada a eu à statuer, le 14 décembre 2007, sur une demande de dommages et intérêts faite par une requérante de religion juive qui avait divorcé par consentement mutuel sur la base d'une "entente" consistant en l'acceptation par l'époux de lui accorder le "get", divorce religieux juif, sans lequel l'épouse ne peut pas être considérée comme divorcée sous la loi juive. Mais, en l'espèce, l'époux le lui a refusé pendant 15 ans, rendant donc impossible le remariage selon la religion juive.
L'accord de l'époux n'est intervenu qu'aux 47 ans de la requérante. Dans cette affaire, s'opposait donc d'un côté la liberté de religion, et de l'autre, les droits civils garantis par la Constitution canadienne. Les juges de première instance avaient accédé à la demande de l'épouse. La Cour d'appel a infirmé ce jugement au motif que...
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