The Supreme Court of British Columbia recently took a local church to task over its ongoing disputes and failure to comply with its own bylaws. On April 18, 2007, Justice Smith delivered a somewhat gentle but nonetheless embarrassing rebuke of Church members and their ongoing arguments over compliance with legal requirements governing church process (these…
The convergence of recent court decisions and news headlines speaks of the continuing evolution of homosexual rights, not just in our country but internationally. Based on recent experience, the growing body of law and public opinion on this topic create the potential for inevitable and ever-increasing conflict between religious freedom and legally recognized societal values. …
The Courts have been slow to interfere in conflicts between non-profit entities, including those incorporated under the Societies Act of British Columbia (such as many churches), and their members. But a case decided by the Supreme Court of British Columbia on December 6, 2007 shows that this reticence may be changing, and that membership, even…
In British Columbia, a provincial statute provides for a mandatory exemption from property taxes for places of worship and the land on which the building itself stands. Local municipalities have the discretion to grant a permissive exemption for the land surrounding the place of worship (such as parking lots or “non-worship” space). On August 4,…
Recently, the Supreme Court of Canada issued their decision in the Jesuit Fathers of Upper Canada v. Guardian Insurance Co. of Canada case, concluding that the Guardian Insurance company was under no duty to defend the Jesuit Fathers of Upper Canada against claims of sexual abuse. The Jesuits operated and administered an Indian residential school…
The anticipated decision of the British Columbia Human Rights Tribunal was handed down on November 29, 2005 in the case involving the Knights of Columbus refusal to allow their hall to be uses by a homosexual couple for a celebration of their marriage. This much anticipated ruling is a ‘must read’ for those religious groups…
The political machinations around the redefinition of marriage by the federal government have been fascinating to watch. The Liberal minority government appears to still be committed to passing the legislation. Irwin Cotler, the Justice Minister has met with Liberal back-benchers to try and assuage their fears, but at least publicly says that the legislation will…
Recent actions by Children’s Aid Society workers in apprehending children from parents of the Aylmer, Ontario, Church of God, has again raised the question, “Do parents have the right to spank their children?” Whether this is a parenting issue or one where religious freedom is called up, court decisions will likely influence how Christian parents…