The Supreme Court of Canada has ruled Hutterites must have their photographs on their drivers’ licences.
The Wilson Colony of Hutterian Brethren near Lethbridge challenged the Alberta law that requires licences to have a photograph.
The colony argued the photograph violated their freedom of religion under the Canadian Charter of Rights and Freedoms. Hutterites believe the Bible’s second commandment, “Thou shalt not make unto thee any graven image” prohibits them from having their photograph taken.
In the four to three decision, the highest court upheld a previous decision from the Alberta Court of Appeal in 2007.
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Alberta has required photos on licences since 1974 but provided the Hutterian Brethren with an exemption called a Condition Code G licence. In 2003, Alberta made the photo requirement universal.
There were about 450 special licences issued in Alberta, with 56 percent held by Hutterites.
The colony took the province to court after a member was pulled over and fined for not having a valid licence with a photo.
Government lawyers argued the exemption for Hutterites could increase the risk of identity theft and prompt more requests for other religious-based exemptions.
Lawyers representing the colony proposed that no photograph be taken and that non-photo driver’s licences be issued to them marked, “Not to be used for identification purposes.” The Alberta government did not agree.
Chief Justice Beverley McLachlin, writing for the majority, said the province is entitled to pass regulations regarding highway safety and licensing controls.
“The universal photo requirement permits the system to ensure that each licence in the system is connected to a single individual, and that no individual has more than one licence,” she wrote.
However the dissenting judges said there was no evidence that the licensing system was harmed.
“The harm to the constitutional rights of the Hutterites, in the absence of an exemption, is dramatic.
“On the other hand, the benefits to the province of requiring the Hutterites to be photographed are, at best, marginal,” wrote Justice Rosalie Abella.
