By J. Kent Donlevy
This paper examines the juridical view of freedom of conscience
under the Canadian Charter of Rights and Freedoms and the current
views of conscience within the Catholic Church. In particular, it
offers that the juridical conscience is secular in nature warranted
as the foundation upon which citizens in a free, democratic,
pluralistic, liberal society have freedom to make choices without
state interference unless those choices interfere with the rights
of others. Moreover, the paper provides a brief review of the term
conscience in the documents of Vatican II as well as the two most
current theories of conscience within the Catholic Church as
expressed by Germain Grisez and Bernard Haring. Lastly, the paper
articulates the administrative and legal conundrums facing Catholic
school administrators when faced with non-conforming students and
teachers who argue the “Restless Heart Towards God” model of
conscience in defense of their actions.