What is the burden of meeting the first segment of the two-part test for freedom of religion?
Ontario, Canada
The following excerpt is from Baars v. Children’s Aid Society of Hamilton, 2018 ONSC 1487 (CanLII):
In any event, I am not persuaded that the applicants have met their burden with respect to the first segment of two-part test as outlined in Withler v. Canada (Attorney General), 2011 SCC 12 (CanLII). While the applicants have established the effect of breach of their rights related to freedom of religion, in my view, they have not demonstrated a distinction based on an enumerated class of persons or analogous grounds to sustain their argument.
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