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Lawyer optimistic about case |
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Written by editor
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Friday, October 17 2008, 9:12 PM |
Pamela Roth
Lethbridge Herald
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If the Supreme Court of Canada grants Hutterites the right to legally refuse to be photographed for their driver’s licences on religious grounds, the ramifications across the country could be significant, according to lawyer Greg Senda.
Senda, who represents members of the Wilson Hutterite Colony south of Coaldale, recently returned from Ottawa after spending a day in the Supreme Court of Canada arguing his case.
Although he couldn’t comment on the merits or the facts of the case until a judgment is handed down, Senda said he is very optimistic about the outcome.
“I am very positive. If the Supreme Court accepts this reasoning, this will be a very significant constitutional case,” said Senda.
“Anybody’s religion is fundamental. It goes to the core of their being so this is very important to them.”
The case was brought to Canada’s highest court following a 2-1 decision in May 2007 when the Alberta Court of Appeal ruled members of the Wilson Hutterite Colony can continue to receive driver’s licences without pictures because forcing them to be photographed violates their religious beliefs.
For nearly 30 years, Hutterian Brethren were issued licences without photos, but in May 2003 the Alberta government passed legislation requiring photo identification for all drivers.
The Hutterites believe, however, the Bible’s second commandment — which bans “graven images” — prohibits them from willingly having their photo taken.
The Alberta government took the case to the Supreme Court of Canada in a final bid to overturn the exemption, arguing advances in technology designed to enhance the security of driver’s licences and help prevent fraud, identify theft and terrorism, have made it necessary for photos to be used on licences.
If the judgment is in favour of the Wilson Hutterite Colony, it will affect about 2,000 people who are of the Hutterian Brethren sect in Alberta.
Representing the colony in Canada’s highest court was an experience Senda has never encountered in his 25 years of practicing law and is something he said he’ll never forget.
“It was a little nerve-wracking. I suddenly realized that I must have turned into a real-life lawyer because I was really excited to go. The only reason you get to the Supreme Court is because it is an issue that is of national importance and it relates to a question of law that is not yet settled,” Senda said. “This one is clearly something of interest to the people of southern Alberta. More importantly, it will have ramifications across Canada otherwise we wouldn’t have been there.”
A judgment in the case isn’t expected to be given for at least four to six months.
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Last Updated ( Monday, August 10 2009, 2:34 PM )
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