A Montreal woman who sued her ex-husband for refusing to give her a Jewish divorce will ask the Supreme Court of Canada on Tuesday to consider whether religious obligations should be enforceable in the country’s courts.
The appeal calls into question the principle of separation of church and state, under which courts are generally reluctant to become involved in internal disputes over religious matters.
”The court’s ultimate decision will have major implications for the ability of Canadians to determine whether, and in what circumstances, matters or religious observance or ceremony can become legally binding obligations,” says the Canadian Civil Liberties Association, which is intervening in the appeal.
Stephanie Bruker wants the nine judges to restore her earlier court victory ordering her former husband to pay her damages for refusing for 15 years to give her a get, despite promising to do so in their divorce agreement.
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