Exposure to other faiths does not, in itself, amount to an infringement of the free practice of religion

S.L. v. Commission scolaire des Chênes, 2012 SCC 7 deals with religious freedom and more specifically the right to be free from exposure to other religions and faiths in school. The Court concludes that being exposed to other faiths does not, in itself, amount to an infringement of the free practice of religion. Such a conclusion is consistent with a view that segregated societies of believers within the broader society are problematic. The Court holds:

[23] At the stage of establishing an infringement, however, it is not enough for a person to say that his or her rights have been infringed. The person must prove the infringement on a balance of probabilities. This may of course involve any legal form of proof, but it must nonetheless be based on facts that can be established objectively. For example, in Edwards Books, the legislation required retailers who were Saturday observers to close a day more than Sunday observers. In Amselem, the infringement resulted from a prohibition against erecting any structure on the balconies of a building held in co‑ownership, while the appellants believed that their religion required them to dwell in their own succahs.

[24] It follows that when considering an infringement of freedom of religion, the question is not whether the person sincerely believes that a religious practice or belief has been infringed, but whether a religious practice or belief exists that has been infringed. The subjective part of the analysis is limited to establishing that there is a sincere belief that has a nexus with religion, including the belief in an obligation to conform to a religious practice. As with any other right or freedom protected by the Canadian Charter and the Quebec Charter, proving the infringement requires an objective analysis of the rules, events or acts that interfere with the exercise of the freedom. To decide otherwise would allow persons to conclude themselves that their rights had been infringed and thus to supplant the courts in this role.

[25] Furthermore, the following comment of Wilson J. in R. v. Jones, [1986] 2 S.C.R. 284, at p. 314, which Iacobucci J. quoted in Amselem, para. 58, bears repeating: s. 2(a) of the Canadian Charter " does not require the legislature to refrain from imposing any burdens on the practice of religion" (emphasis omitted; see also Edwards Books). "The ultimate protection of any particular Charter right must be measured in relation to other rights and with a view to the underlying context in which the apparent conflict arises" (Amselem, at para. 62). No right is absolute.
...

[38] The appellants also maintain that exposing children to various religious facts is confusing for them. The confusion or "vacuum" allegedly results from the fact that different beliefs are presented on an equal footing.

[39] In Chamberlain v. Surrey School District No. 36, 2002 SCC 86, [2002] 4 S.C.R. 710, the Court had an opportunity to consider the cognitive dissonance that may be encountered by children growing up in a diverse society. The Chief Justice made the following comments (paras. 65‑66):

Children encounter [some cognitive dissonance] every day in the public school system as members of a diverse student body. They see their classmates, and perhaps also their teachers, eating foods at lunch that they themselves are not permitted to eat, whether because of their parents' religious strictures or because of other moral beliefs. They see their classmates wearing clothing with features or brand labels which their parents have forbidden them to wear. And they see their classmates engaging in behaviour on the playground that their parents have told them not to engage in. The cognitive dissonance that results from such encounters is simply a part of living in a diverse society. It is also a part of growing up. Through such experiences, children come to realize that not all of their values are shared by others.

Exposure to some cognitive dissonance is arguably necessary if children are to be taught what tolerance itself involves.

[40] Parents are free to pass their personal beliefs on to their children if they so wish. However, the early exposure of children to realities that differ from those in their immediate family environment is a fact of life in society. The suggestion that exposing children to a variety of religious facts in itself infringes their religious freedom or that of their parents amounts to a rejection of the multicultural reality of Canadian society and ignores the Quebec government's obligations with regard to public education. Although such exposure can be a source of friction, it does not in itself constitute an infringement of s. 2(a) of the Canadian Charter and of s. 3 of the Quebec Charter.