Supreme Court to hear case on Hutterian photo i.d. requirement

The Supreme Court of Canada has agreed to hear the appeal of an Alberta court decision in which the court decided that photo i.d. for a driver’s licence is not mandatory.
In a 2-1 decision the Alberta Court of Appeal ruled that members of the Hutterian Brethren Church of Wilson Colony who believe it is a sin to be photographed suffered a violation of the Charters of Rights and Freedoms when required by the province to have their photos taken for their drivers’ licences.
Up until 2003, the provincial government granted exceptions to the photo requirement, issuing instead a licence containing personal information.
“Even if rationally connected to a valid objective, the regulation removing the Registrar’s discretion to grant non-photo licences does not minimally impair the rights of the respondents,” wrote Justice Carole Conrad. “Rather, the rights are totally infringed while the risk of harm is minimal.”
The dissenting opinion of the decision, held by Justice Frans Slatter, noted that the provincial government had offered two forms of accommodation to the Hutterian Brethren. The first that photos be taken and printed on the Brethren’s licences which would then be sealed in a special package only to be opened when requested by a peace officer; and the second was that the members of the Brethren’s photos be taken, but not printed on the licence, only stored in a facial recognition database.
The Hutterian Brethren declined both accommodations, Justice Slatter wrote.