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17 W. J. Legal Stud. 1 (2026)

handle is hein.journals/wesjalals17 and id is 1 raw text is: 








GOD IS NOT DEAD: THE CRA'S CONTINUED
RELIANCE ON THEISM IN UNDERSTANDING
    RELIGION, AND THE PATH FORWARD

                         Christopher Hill*



                            ABSTRACT

       In Canada, the CRA's registration of religious charities relies on
trust law's understanding of religion. Historically, for a belief system
to constitute a religion, trust law required a belief in a god. This theism
requirement is reflected in the CRA's publicly available documents.
However,  the CRA's adherence to this requirement is inconsistent with
Canada's changing  religious context, and it likely gives rise to Charter
issues. This paper considers approaches to religion found in Canadian
courts and other jurisdictions. It argues that the CRA must remove the
theism requirement from its policies and guidelines. Furthermore, the
theism  requirement's rejection need not result in an  unworkable
definition of religion. Rather, the minimal case law regarding the
CRA's understanding of religion suggests that an emphasis on a belief
system's structuredness might provide a path towards an appropriate
definition.






















* Christopher Hill was called to the Alberta Bar in 2025. He completed his JD at the
University of Victoria. The author wishes to thank Professor Mark Gillen for his
mentorship and guidance throughout the drafting of this paper. The author would also
like to thank the Western Journal of Legal Studies' editors for their helpful feedback.