When people say Atheism is a religion I think they are refering to people essentially evangelizing (not the right word as that implies faith) their position with the same zeal that the evangelical movement in the states does.
So this is a group of Athiests that behave much like some religious groups. That does not make them a religion though.
I would think though that athiesm is protected under the charter as the same way the Freedom of Speech does not mean you have to speak, remaining silent is a way to exercise that right, than choosing not to believe is exercising that freedom as well.
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