Although this sounds like religious freedoms in both nations is absolute, that is also not the case. In both countries, there are limits on religious practices. For example, in both countries, female circumcision is illegal. This means that fundamentalist Muslims, Christians and Jewish believers cannot practice this and any doctor that provides this service will face prosecution. Another more common example is polygamy, which is also outlawed in both Canada and America. A prominent example of this is the Blackmore v. British Columbia case, where Mr. Blackmore was found guilty in 2017 of engaging in polygamy after it was proven he had been married to 25 women simultaneously.
That is not to say that religious freedoms have gone unchallenged in Canada or America. Both nations have a long history of challenging religious followers and their beliefs, but in almost all cases the individual was able to uphold their rights and continued to practice their faith in their preferred ways. This means that, if their faith requires them to dress in a particular fashion, such as the conservative attire of fundamental Muslims, Mormons or Evangelicals, they are able to without federal persecution. One example is the most recent case in Canada in 2015 involving a Muslim woman who was ordered to remove her niqab while taking the citizenship oath. In the case, Ishaq v. Canada, a precedent was set that allowed religious followers to adhere to their beliefs while taking the citizenship oath, meaning she took her citizenship oath while wearing her niqab.
Both America and Canada have Freedom of Religious Expression. However, unlike Freedom of Speech, Canadian and American Freedom of Religious Practice is fairly similar. In both countries, any individual can practice their religious beliefs without federal prosecution, within similar limits. For example, in both countries, it is illegal to terminate an Christian employee who is unable to work on Sundays due to the obligatory attendance of their church. Similar laws protect Jewish followers on Saturdays and Muslims on Fridays.
Canadian and American religious freedoms are very similar, however not identical. One key difference is that, in Canadian law, it specifies that an individual cannot hide behind their religious faith to defend an illegal act. In America, more often than not, the courts historically have sided with religious freedoms unless the practice puts another in direct harm. In both nations, there is one subject that consistently comes in to conflict with religious freedoms, and how the courts asses this continuous conflict differs greatly.
Jesus VS. The Gays
company or government cannot penalize an individual based on their sexual identity, such as termination of employment as was the situation with Mr Vriend. By contrast, American county clerk Kim Davis
Both Canada and America held long histories of persecution against homosexuals; a legal persecution based on the religious belief that homosexuality is a sin. Although, today, at a federal level, homosexuality is legal in both countries, it wasn't always like that and some parts of the population would like to revert back to the time when Christian teachings overrode the civil liberties of sexual minorities. In Canada, this discussion was laid to rest in the case of Vriend v. Alberta back in 1998, where it was decided that an individual,
The same but...different?
refused to provide a marriage licence to a same-sex couple in 2015, even though same-sex marriage had been legalized in America for two years. Mrs. Davis cited her religious beliefs as reason to deny this couple the licence. She was arrested and made to stand trial, however in early 2017 she was acquitted of all charges by the state senator, who agreed that no American should be forced to perform a service that goes against their religious practices and beliefs.
Religious Freedom
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Child Marriage
Another area that Canada differs greatly with America involving religion is child marriage. In both America and Canada, the age for marital consent is 18, however marriages still exist where one or both parties are under 18. In this situation, one of both of the legal guardians must sign consent for the underage party. In Canada, the minimum age of marriage for anyone is 16 years old. This means that regardless of religion or consent, no person can be married in Canada under the age of 16. America, by contrast, has no minimum age. This means that any person can marry at any age, provided they have the consent of their legal guardian. This is protected under the First Amendment, specifically religious freedom.