Zhou v MCI 2009 FC 1210

The Court set aside a decision of the Refugee Protection Division because it failed to consider that the applicant would be denied the right to practice his religion: [29] It seems to me the RPD also erred in equating the possibility of religious persecution with the risk of being raided, arrested or jailed. This understanding of religious freedom is quite limitated and does not take into account the public dimension of this fundamental right. If one has to hide and take precautions not to be seen when practising his or her religion, at the risk of being harassed, arrested and convicted, I do not see how he or she can be said to be free from persecution. As this Court said in Fosu v. Canada (Minister of Employment and Immigration) (1994), 90 F.T.R. 182, [1994] F.C.J. No. 1813: