October 21, 2020 – The Charter Does Not Apply To Parenting Disputes

“Freedom of religion and expression are fundamental values protected by the Charter.  However, the best interests of the child standard in the Divorce Act does not offend Charter values, but is completely consonant with the underlying objectives of the Charter.  The Charter has no application to private disputes between parents in the family context, nor does it apply to court orders in the area of custody and access.  While a child’s exposure to different parental faiths or beliefs may be of value, when such exposure is a source of conflict and is not in the best interests of the child, such exposure may be curtailed.”

Young v. Young, [1993] 4 SCR 3, 1993 CanLII 34 (SCC) per L’Heureux-Dubé