Legal Argument : King V. Government Of Alberta

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Legal Argument #1 King v. Government of Alberta In concurrence with King, requiring professors in Christian Charter schools to refrain from wearing non-Christian articles of faith is not a reasonable infringement of Section 2(a) of the Charter. The Oakes test was conducted to deduce that the Charter infringement is not justifiable in a free and democratic society. The first step of the Oakes test is to determine if the infringement is “prescribed by law”. A common law rule or regulation, in addition to legislation can constitute a limit “prescribed by law” (Sharpe & Roach, 2013, p66). Under Alberta Government statute, “all teachers in a Charter school must be certified by the Alberta of Education; however a Charter school can inquire as to the religious beliefs of a prospective teacher at the time of his/her hiring.” This section of the Alberta governments legislation is both legally accessible and written with precision, as it does not deny a Charter right in its entirety, however the enforcement of this legislation by the Blessed Virgin Mary school, which resulted in the school dismissing King infringes upon his section 2(a) Charter right. Due to Charter schools in Alberta receiving public funding and their duty to deliver the core academic curriculum approved by the Alberta Board of Education, they fall under the jurisdiction of the Government of Alberta. It is determined that the Government of Alberta is also accountable for King’s Charter right infringement as the

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