Canada's High Court Rejects Hutterite Challenge To License Photo Requirement

In Alberta v. Hutterian Brethren of Wilson Colony, (Sup. Ct. Canada, July 24, 2009), Canada's Supreme Court in a 4-3 decision rejected a constitutional challenge brought by the Hutterites to Alberta's requirement that all drivers licenses contain a photo of the license holder. While Sec. 2(a) of Canada's Charter of Rights and Freedoms protects freedom of conscience and religion, the majority held that the universal photo requirement is justified under Sec. 1 of the Charter that permits reasonable limits on protected rights. As summarized by the court:

The Province's evidence demonstrates that the existence of an exemption from the photo requirement would materially increase the vulnerability of the licensing system and the risk of identity‑related fraud. Second, the universal photo requirement for all licensed drivers minimally impairs the s. 2(a) right. The impugned measure is reasonably tailored to address the problem of identity theft associated with driver’s licences. The evidence discloses no alternative measures which would substantially satisfy the government’s objective while allowing the claimants to avoid being photographed.

The majority also rejected a claim that the universal photo requirement infringes the equal protection guarantee of Sec. 15 of the Charter.

Justices Abella, LeBel and Fish each wrote a dissent. They stressed both the significant impact of the universal photo requirement on the Hutterite's religious beliefs and argued that the regulation is not a proportionate response to the problem of identity theft. Yesterday's Calgary Herald, reporting on the decision, says that the Hutterites are considering the possibility of leaving the province for a location that would be friendlier to them. Today's Lethbridge (AB) Herald also reports on the decision after interviewing the lawyer who represented the losing Hutterite colony.