Religion Drag: The Relevance of “Critical Religion” and Queer Theory to Canadian Law and Religious Freedom

Abstract

This dissertation analyses the use of the word “religion” in Canadian law and theorises the consequences of its use for the legal protection of religious movements in Canada. Chapter One establishes the problems of the word “religion” in academic discourse by providing an overview of work in the field of critical religion. This dissertation considers whether the critiques of the term “religion” by scholars working within critical religion are equally relevant when considering the role of religion in human rights law. Chapter Two turns an investigative eye toward Canadian case law using the word “religion”, from Chaput v Romain (1959) to Alberta v Hutterian Brethren of Wilson Colony (2009). The analysis highlights how the use of “religion” in Canadian law does indeed reflect academic concerns. Chapter Three uses queer theory to speculate the consequences of an unstable concept of religion for the protection of religious freedom, especially as it pertains to new religious movements. Judith Butler’s notions of performativity and drag are applied to theorise the performance of “religion” and its outcomes. Some suggestions for how to proceed conclude the dissertation.