By: Howard Kislowicz and Senwung Luk
PDF Version: Ktunaxa Nation: On the “Spiritual Focal Point of Worship” Test
Case Commented On: Ktunaxa Nation v British Columbia (Forests, Lands and Natural Resource Operations), 2017 SCC 54 (CanLII)
On 2 November 2017, the Supreme Court of Canada rendered its long awaited decision in Ktunaxa Nation. As noted by David Laidlaw in the initial post concerning Ktunaxa Nation, the decision raised significant issues surrounding the scope of religious freedom and its particular application to Indigenous groups, the Crown’s duty to consult and accommodate Indigenous groups, and administrative law more generally. In this blog post, we focus on the first issue: what this case says and means for religious freedom claims.