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Canada: Ontario Superior Court Judge Contravenes Human rights Declaration on Religion

Legalise Cannabis Alliance

Tuesday 08 Feb 2011

It was a sad day for Canadian Justice when the Ontario Superior Court Judge blatantly ruled against Human Rights in the case against the The Church of the Universe and their sacramental use of cannabis.

The Church of the Universe will not be exempt from Canadian cannabis laws according to the ruling of an Ontario Superior Court Judge. The church challenged the law after two of its members were charged with marijuana trafficking in 2006.

While the defense argued that the religious group uses marijuana as a sacrament, the prosecution characterized the religion as a "sham"

The UN Declaration of Human Rights and the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief Proclaimed by General Assembly resolution 36/55 of 25 November 1981.

The Declaration of 1981 says:

Article 1
1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have a religion or whatever belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
2. No one shall be subject to coercion which would impair his freedom to have a religion or belief of his choice.
3. Freedom to manifest one's religion or belief may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others.
Article 2
1. No one shall be subject to discrimination by any State, institution, group of persons, or person on the grounds of religion or other belief.
2. For the purposes of the present Declaration, the expression "intolerance and discrimination based on religion or belief" means any distinction, exclusion, restriction or preference based on religion or belief and having as its purpose or as its effect nullification or impairment of the recognition, enjoyment or exercise of human rights and fundamental freedoms on an equal basis.
Article 3
Discrimination between human being on the grounds of religion or belief constitutes an affront to human dignity and a disavowal of the principles of the Charter of the United Nations, and shall be condemned as a violation of the human rights and fundamental freedoms proclaimed in the Universal Declaration of Human Rights and enunciated in detail in the International Covenants on Human Rights, and as an obstacle to friendly and peaceful relations between nations.

It is particularly relevant that the Article specifies "freedom to have a religion or whatever belief of his choice" - nowhere does it say that the religion of belief must be approved by state, Court of Church.

How then can Canadian Courts be allowed to walk over our Human Rights in this way?

http://www.lca-uk.org/lcaforum/viewtopic.php?f=54&t=18194

 

 

 

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