I'm preparing for a moot court addressing a will which limits the bequest to heirs who do not marry non-Jews. One of the questions involved is whether upholding such a clause is in the interests of Canadian public policy.
[Side note: I am against such clauses, in general. I believe parents should make their Jewish lives attractive to their children, rather than rely on threats. I know that living attractive Jewish lives will not necessarily lead children to emulate their parents - but my outlook is that threats are neither healthy nor good strategy.]
I've been reading cases and articles relating to the topic. Here's a relevant piece from the Canadian Multiculturalism Act:
It is hereby declared to be the policy of the Government of Canada to
(a) recognize and promote the understanding that multiculturalism reflects the cultural and racial diversity of Canadian society and acknowledges the freedom of all members of Canadian society to preserve, enhance and share their cultural heritage;
(b) recognize and promote the understanding that multiculturalism is a fundamental characteristic of the Canadian heritage and identity and that it provides an invaluable resource in the shaping of Canada’s future;
(c) promote the full and equitable participation of individuals and communities of all origins in the continuing evolution and shaping of all aspects of Canadian society and assist them in the elimination of any barrier to that participation;
(d) recognize the existence of communities whose members share a common origin and their historic contribution to Canadian society, and enhance their development;
(e) ensure that all individuals receive equal treatment and equal protection under the law, while respecting and valuing their diversity;
(f) encourage and assist the social, cultural, economic and political institutions of Canada to be both respectful and inclusive of Canada’s multicultural character;
(g) promote the understanding and creativity that arise from the interaction between individuals and communities of different origins;
(h) foster the recognition and appreciation of the diverse cultures of Canadian society and promote the reflection and the evolving expressions of those cultures;
(i) preserve and enhance the use of languages other than English and French, while strengthening the status and use of the official languages of Canada; and
(j) advance multiculturalism throughout Canada in harmony with the national commitment to the official languages of Canada.
My sense is that (a) and (d) support the argument that the Government of Canada, as a matter of policy, recognizes the ability of members of a community to make such clauses, intended to preserve their community. [Separately, I will argue that this clause is neither racist nor discriminatory, since it is based on acceptance of a creed rather than any particular background or heritage.] But that could just be my read.
What do you think?