More Than the Absence of Religion: Nonreligion and its Positive Content in Canadian Law

Abstract

Since the 1960s there has been a rapid increase in the number of individuals throughout much of the Western world who identify as having no religion. This is particularly so in Canada where individuals who identify as having no religion now account for a rather sizeable portion of the total population. Despite the rapid and exponential growth in the number of people who no longer affiliate with religion, however, the sociological study of who the nonreligious are and what a social world not necessarily rooted in religion—what I call nonreligion—might entail have only recently captured the interests of sociologists. As a result, relatively little is known about this growing group of people and nonreligion. One such area that remains significantly understudied is the intersection of nonreligion and law. Canadian law has been called on by the nonreligious to decide upon the constitutionality of various legislation including that which has prohibited access to same-sex marriage, abortion, and physician-assisted dying. The intersection of nonreligion and law thus provides valuable insight into how nonreligious individuals attempt to promote social change in Canadian society. But, the law also acts as a window through which to explore the often-ignored meaningful beliefs, values, and practices of the nonreligious, or the positive content of nonreligion. Much research about nonreligion and the nonreligious has focused on what nonreligion is not and what the nonreligious do not do vis-à-vis religion, very little research engages with the meaningful aspects of nonreligion and nonreligious identities. This thesis seeks to explore the meaningful aspects of nonreligion and contribute original research to this lacking body of scholarship. This thesis asks: How is nonreligion conceptualized in Canadian law and is this framing of nonreligion characterized by more than the simple rejection or negation of religion? In other words, does nonreligion have positive content in the context of law, and if so, what is this positive content? Drawing on the discourse analysis of the Supreme Court of Canada’s Latimer (2001), Bedford (2013), and Trinity Western (2018) cases, I explore the concepts of human rights, morality, and dignity to draw attention to the ways in which nonreligion is socially constructed in law. My analysis shows that nonreligion is conceptualized in legal discourse as encompassing positive content. I argue that social constructions of nonreligion in law are inclusive of meaningful beliefs, values, and practices and that it is no longer sufficient to think of nonreligion and the nonreligious as simply deficit in nature.