constitutional and legislative protection to ensure that the rights afforded stateless persons under the articles of the 1954 Convention would not be applied in a discriminatory manner on Article 3 grounds. ARTICLE 4: RELIGION The Contracting States shall accord to stateless persons within their territories treatment at least as favourable as that accorded to their nationals with respect to freedom to practise their religion and freedom as regards the religious education of their children. I. Background & Commentary Article 4 of the 1954 Convention is identical to the same provision of the 1951 Refugee Convention. Article 4 applies to all stateless persons within the territory of a State party, whether the person is in the Contracting State’s territory legally or illegally.61 Article 4 requires a Contracting State to afford to stateless persons in its territory the same freedom of practicing their religion and teaching their children their religion as it provides its nationals of the same religion. However, in accordance with Article 3, there is the option for a Contracting State to differentiate treatment between the religions of stateless persons, if it makes the same differentiation amongst its own nationals.62 In addition, with regard to religious education, the drafters note that Article 4 does not oblige the Contracting States to provide stateless persons with the material or financial means to exercise their religion, or with the material or financial means for the religious education of their children when such means are not provided for its nationals.63 II. Canadian Legal Framework a. Freedom to Practise Religion Section 2(a) of the Charter provides that “everyone” in Canada, including non-citizens, have the freedom of conscience and religion.64 The Supreme Court of Canada has confirmed that freedom of conscience and religion includes the practice of religion.65 The practice of religion can be subject to limitations in order to protect public safety, order, health, morals and the rights of UN High Commissioner for Refugees (UNHCR), The Refugee Convention, 1951: The Travaux préparatoires analysed with a Commentary by Dr. Paul Weis, 1990, at 37, available at: http://www.refworld.org/docid/53e1dd114.html [1951 Refugee Convention travaux préparatoires]. 62 Robinson Commentary to the 1954 Convention, supra note 11 at 18. 63 1951 Refugee Convention travaux préparatoires, supra note 61 at 37. 64 Charter, supra note 45 at s. 2(a). “Everyone has the following fundamental freedoms: (a) freedom of conscience and religion…” 65 R. v. Big M Drug Mart Ltd., [1985] 1 SCR 295, at paras. 94-95, available at: http://canlii.ca/t/1fv2b. “The essence of the concept of freedom of religion is the right to entertain such religious beliefs as a person chooses, the right to declare religious beliefs openly and without fear of hindrance or reprisal, and the right to manifest religious belief by worship and practice or by teaching and dissemination.” 61 17 17