1. Objectifs

Intentions :
À partir de l’affaire Bruker c. Markovitz, l’auteur propose une réflexion sur la complexité de la relation entre le divorce religieux juif et ses répercussions sur les lois civils.

Questions/Hypothèses :
The author asks this question: «Can a contract whose underlying clause is religious, be justiciable in Canada?» (p. 320)

2. Méthode

Échantillon/Matériau :
Données documentaires diverses

Type de traitement des données :
Réflexion critique

3. Résumé

«In 2007 the Supreme Court of Canada ruled on the case of Bruker v. Marcovitz with the majority position being delivered by Justice Abella. Although on one hand the case might appear simply as one of contract law in Quebec, this particular ruling had many ramifications in terms of freedom of religion and state-church interaction. The article addresses the particularities of Jewish divorce laws and the complexities entered into within a civil society. Questions of the separation of church and state and the interaction of two legal systems continue to cause conflict and debate in both Canada and the United States of America. The couple involved had many years of litigation, and had already been both civilly divorced and Jewishly divorced. The issue at hand was whether one party could sue the other party for breach of contract if the said contract involved a religious obligation. The debate intrigues scholars and community participants alike.» (p. 318)