Catholic Military Diocese Says Prayer Ban Violates Charter by Forcing Chaplains to Deliver Non-Religious ‘Spiritual Reflections’

Veterans take their hat off during a prayer at a Remembrance Day ceremony in Quebec City on Nov. 11, 2016. The Canadian Press/Jacques Boissinot

The Roman Catholic Military Ordinariate of Canada says the military’s prayer ban at official events undermines the principle of state neutrality on religion and may violate the Charter in several ways, including by requiring chaplains to avoid mentioning God or using faith-specific language when delivering mandatory “spiritual reflections.”

The concerns were noted in a recent statement by Bishop Scott McCaig, who serves as Military Ordinary of Canada, the authority that oversees Catholic ministry and spiritual needs in the Canadian Armed Forces (CAF).

McCaig said discussions are taking place with the Canadian Conference of Catholic Bishops as well as other interfaith partners before the Ordinariate issues a formal position. He said the new CAF policy already raises a number of key concerns.

“For a great many people, chaplains and members alike, one cannot separate ‘meaning, purpose, and spiritual well being’ from ‘God, etc.’ Yet they are required by this instruction to do precisely that,” McCaig wrote in an Aug. 10 statement shared with the Epoch Times.

“They are required to do so despite it being contrary to sincerely held beliefs and the conviction of conscience. Is this not precisely the kind of coercion that the Charter is meant to protect us from?”

The new CAF instruction, issued July 29, expands existing restrictions on prayer and faith-specific language at official military events from chaplains to all CAF members, as well as Department of National Defence (DND) employees, contractors, and volunteers.

Instead of prayer or the use of now-banned words such as “God,” or other faith-specific terms and principles, the DND says a non-religious “spiritual reflection” should be delivered, focusing on themes such as meaning, purpose, and significant life experiences.

The DND says the changes are necessary in order to make sure that spiritual reflections are inclusive and respect the religious and spiritual diversity of CAF members, including those who are non-religious. The department has also cited a 2015 Supreme Court of Canada ruling that requires state neutrality.

‘False Premise’

McCaig said the military’s stated position of trying to uphold state neutrality and inclusivity in the new instruction appears to be working from a “fundamental misunderstanding.”

“This instruction is based on a false premise: simply because some belief systems do not profess the existence of God, or some other divine source, does not make them neutral,” he said.

McCaig noted that secular humanists are one of the recognized spiritual faith traditions represented by CAF chaplains, and that non-religious beliefs and philosophies including atheism still sometimes hold set views on God, values, or meaning.

“There is no such thing as reflections on meaning, purpose and spiritual well being without philosophical and religious presuppositions. It is not the place of the government to adjudicate between them. That is the opposite of state neutrality,” McCaig said.

The CAF has said the policy is intended to uphold the Charter rights of military members as well as the public, with DND spokesperson Maj. Soomin Kim previously telling The Epoch Times that the recent instruction is intended “to better respond to the moral and spiritual needs of all members” as religious and spiritual diversity increases in the armed forces.

Kim also referred to the instruction as being partly prompted by the Supreme Court of Canada’s 2015 ruling in Mouvement laïque québécois v. Saguenay, which held that the state must maintain a neutral position on religious beliefs or lack of beliefs.

McCaig cited the same Supreme Court decision, but argued CAF appears to have misunderstood it.

“What seems clear is that it is the favoured expression of one faith, to the exclusion of others, that is judged unconstitutional,” he said. “The Court ruled in favour of an open secularism, the freedom of religious conscience and expression for all rather than limiting rights, and enforcing restrictions.”

“In contrast, this instruction enforces a closed secularism which seeks to hinder and restrict public expressions of belief that some may find offensive,” he added.

Exceptions

The recent CAF instruction has exceptions for military and state funerals as well as for voluntary religious gatherings and private counsel or prayer. It also allows indigenous practices including spiritual elements to take place at official military events if they are intended in a “cultural, historical, and educational” context.

Two active-duty military chaplains previously expressed concern to the Epoch Times about the exception for indigenous spiritual practices, saying it creates a double standard. DND said the allowance is an important part of reconciliation with indigenous peoples and building stronger links with the indigenous community.

The military’s previous update to its prayer policy dates back to October 2023, when chaplains were first required to give spiritual reflections instead of faith-specific prayers at military functions. Following pushback from the chaplaincy and the Conservatives, chaplains were given a one-time exemption for Remembrance Day in November 2023, but the prohibition was once again imposed in 2024, as chaplains were told to wait and see if there would be any future changes.

The latest directive in July now solidifies the prayer ban at official military events.

McCaig said the new directive is concerning not only because of its content, but also because of the process that led to it. He said military and political officials repeatedly turned down requests to hold discussions with religious and spiritual leaders as the issue was being reviewed and a new policy developed.

“A truly collaborative approach could have rendered a far more consistent and inclusive result,” he said.