Via a close examination of a legal challenge by the Ktunaxa Nation to proposed plans for economic development, this paper explores what we learn about religious freedom by tracing the movement of Indigenous rights claims from the explicit language of Indigenous rights into the grammar of religious freedom: not just what’s potentially lost, but, more to the core, what’s exposed about what’s at stake in religious freedom more generally.
Benjamin Berger is a Full Professor at Osgoode Hall Law School and served as Associate Dean (Students) from 2015-2018. He holds an appointment as an Associate Professor in the Department for the Study of Religion at the University of Toronto and is a member of the faculty of the Graduate Program in Socio-Legal Studies at York University. His areas of research and teaching specialization are law and religion, criminal and constitutional law and theory, and the law of evidence. He is the author of Law’s Religion: Religious Difference and the Claims of Constitutionalism (University of Toronto Press, 2015).
Cosponsors: Moritz College of Law Center for Interdisciplinary Law and Policy, Comparative Studies, the Center for the Study of Religion, and the Center for Ethnic Studies