Is it appropriate for a municipal Council to recite prayers at an open meeting, or to display a crucifix in Council chambers? According to the Quebec Court of Appeal, it is; such prayers and such a crucifix, in the Court's view, represent religious heritage without violating citizens' right to freedom of conscience and religion.

In Saguenay (Ville de) v. Mouvement laique québécois, 2013 QCCA 936, the Quebec Court of Appeal recently found that the City Council of Saguenay may recite prayers at open meetings and display a Sacred Heart statue and a crucifix in Council chambers. Such actions, in the Court's view, did not violate citizens' right to freedom of conscience and religion. 

The Court acknowledged that there must be a clear separation of church and state. But, the recitation of prayers was "a reference to [Quebec's] religious heritage" and did not have the effect of undermining the neutrality of the various branches of the state. Also, the presence of the Sacred Heart statue and the crucifix in Council chambers were "primarily of interest from the viewpoint of a historical cultural heritage" and in no way interfered with the municipality's duty of neutrality.

In an earlier decision in Freitag v. Penetaguishene (Town), 47 O.R. (3d) 301, [1999] O.J. No. 3524, the Ontario Court of Appeal came to the opposite conclusion. This Court found that the Town Council of Penetaguishene may not recite prayers at the opening of Council meetings because such action violated citizens' right to freedom of conscience and religion. 

The two decisions are irreconcilable. The Supreme Court of Canada recently granted leave to appeal the Quebec Court of Appeal's decision, which may result in a clear ruling about the recitation of religious prayers and the display of religious symbols in Council chambers. In the meantime, a challenge to the lawfulness of such symbols or prayers could go either way.

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