Orthodox Jewish worshipers will not be able to keep a synagogue in an area where places of worship are prohibited in Mont-Tremblant.
By refusing to hear the appeal of the Chabad Lubavitch Youth Organization, the Supreme Court finds itself confirming the judgment of the Court of Appeal, which had refused to intervene to annul the fine imposed for illegal use of ‘a building. This judgment also ruled that the municipal zoning by-law does not unduly interfere with the freedom of religion of these believers.
The Chabad Loubavitch Youth Organization has acquired a building near the recreational and hotel resort of Mont-Tremblant, in the Laurentians. The building is within walking distance of the station, which is important for the religious practice of these Orthodox faithful: they are not allowed to use motor vehicles (or other motorized vehicles) on the Sabbath to get to at the synagogue.
Except that it is in an area where only residential and hotel buildings are permitted.
The frequentation of the building has led to traffic, parking and noise problems in the area, we can read in the decision of the Court of Appeal.
The City of Mont-Tremblant sent a notice of violation and a fine. The Chabad Lubavitch youth organization asked for a change to the zoning by-law, which was refused. Some 25 zones allow places of worship in the municipality. Except that the community argued that they are too far from the tourist resort of Mont-Tremblant where they like to stay and that they could not therefore walk there. Other hotels are closer to areas where places of worship are permitted, but they are not of the same quality and caliber as those at Mont-Tremblant Station, explains the Orthodox community.
Freedom of religion does not create a right of access to resorts
She argued that the settlement interferes with their freedom of religion which is protected by the Charter of Rights and Freedoms.
It should be noted that those in charge of the community center where the synagogue is located knew that worship was prohibited in the area even before buying the building.
No or very little interference with freedom of religion
The Court of Appeal also noted that the City said it was open to reconsidering the zoning of another area, but that the Chabad Lubavitch Youth Organization did not follow up and did not envisage “in any way a relocation of her place of worship, behavior which was in continuity with the fact that she had acquired and converted the residence on rue Desmarais into a place of worship when she knew that this use was prohibited there”, is it written in decision.
The Court of Appeal ruled that the zoning by-law does not infringe freedom of religion, or that it is at most a “negligible” infringement.
Members of the community are not prevented from practicing their religion or from owning or constructing a building for this purpose, notes Judge Geneviève Cotnam. Land is available in areas where places of worship are permitted, adds the magistrate. They have the choice of staying within walking distance of the community center and driving to the resort to enjoy its activities. Not being able to take advantage of all available accommodation options is not an impediment to freedom of religion, she adds. We can speak of inconvenience, of additional constraint, of course, but not of discrimination or violation of their freedom of religion.
“Freedom of religion protects the free exercise of religion and imposes an obligation of neutrality on the state. Freedom of religion does not create a right of access to resorts. The choice to participate in recreational tourism activities at the resort [Mont-Tremblant] is a personal choice and is not protected by freedom of religion,” also wrote his colleague at the Court, Judge Stéphane Sansfaçon.