Showing posts with label British Columbia. Show all posts
Showing posts with label British Columbia. Show all posts

Friday, February 09, 2024

Canadian Court Upholds Denial of Tax Exemption for Island Owned by Shinto Organization

In Matsuri Foundation of Canada v. British Columbia (Assessor of Area #01 - Capital), (BC Sup. Ct., February 2, 2024), the Supreme Court of the Canadian province of British Columbia upheld the denial of a property tax exemption sought by the Matsuri Foundation of Canada.  The court summarized its decision as follows:

Matsuri sought, and the Board denied, a property tax exemption for the lands and improvements that comprise Knapp Island, British Columbia, as a “place of public worship” pursuant to s. 15(1)(d) of the Taxation (Rural Area) Act, R.S.B.C. 1996, c. 448 [Rural Area Taxation Act].

Knapp Island is a 31-acre island located just off Vancouver Island’s Saanich Peninsula near Swartz Bay. Matsuri is a registered Canadian charity with the purpose of the advancement of the Shinto religion. Matsuri owns Knapp Island.

With respect to the 2022 taxation year, the [Property Assessment Appeal] Board found that the “place of public worship” exemption was not applicable to Knapp Island because Matsuri had not established that the public were invited to, and had access to, Knapp Island, and that its principal use was therefore not for public worship. The Board found that to the extent that Knapp Island was used for worship, that worship was private, and not public.

Matsuri accepts the Board’s factual finding on this issue. However, Matsuri argues that the Board should nevertheless have found that Knapp Island was entitled to an exemption on fairness and equity grounds, when compared to other similar properties in British Columbia.

The Assessor argues that the Board’s decision should be upheld, and that the evidence does not support a tax exemption on equity grounds.

I find that the Board’s analysis fully addressed the equity issue in this case, and properly denied the requested exemption, and I would therefore dismiss the appeal.

CTV News reports on the decision.

Thursday, January 11, 2024

British Columbia Court Says Jehovah's Witness Elders Must Submit Confidential Documents to Privacy Commissioner

In Vabuolas v. British Columbia (Information and Privacy Commissioner), (BC Sup. Ct., Jan. 8, 2024), the British Columbia Supreme Court upheld an order issued by the B.C. Office of the Information and Privacy Commissioner over the objections raised by two elders of the Jehovah's Witness congregations. Petitioners claimed that the Order violated their rights under Canada's Charter of Rights and Freedoms. As the court explained:

Two former members of the Jehovah's Witnesses each sought disclosure from their former congregations of all records that include their personal information. The elders of the congregations refused, arguing that disclosure of confidential religious notes would be contrary to their religious beliefs....

[Under B.C. Personal Information Protection Act] Where an individual has made an access request to an organization for a copy of personal information about the individual held by the organization, and the individual is dissatisfied with the organization’s response to the access request, they may ask the Commissioner to conduct a review. This is what happened in this case....

Of particular concern to the petitioners is that the groups of elders who meet to determine membership must be able to discuss matters in confidence and without fear of having their confidential discussions disclosed. The petitioners are concerned that if the elders’ confidential communications are disclosed, they may be further disseminated for the purposes of mocking either the petitioners or elders, causing unnecessary embarrassment....

I am not satisfied that disclosure of the Disputed Records by the congregational elders to the Commissioner for review for the purpose of determining whether disclosure to the Applicants will be required would preclude the elders from continuing to follow their religious practices when weighing the rights of individuals to control over their personal information on the one hand and the religious freedom of the elders on the other. The Production Order represents a balancing of the competing interests, and I conclude that the infringement on the congregational elders’ religious freedoms that results from the Production Order is proportionate....

I conclude that while ss. 23(1)(a) and 38(1)(b) of PIPA infringe the petitioners’ rights under s. 2(a) of the Charter, those rights are limited in a manner that is reasonably justified in a free and democratic society.

CBC News reports on the decision.

Sunday, December 18, 2022

British Columbia's COVID Restrictions on Worship Services Upheld

In Beaudoin v. Attorney General of British Columbia, (BC Ct. App., Dec. 16, 2022), the highest court in the Canadian province of British Columbia upheld 2020 and 2021 COVID orders of BC's Provincial Health Officer that prohibited in-person worship services.  The court concluded that the Gathering and Events Order did not violate §15 of the Charter of Rights and Freedoms that protects the equality rights of the churches that were plaintiffs in the suit, saying in part:

[T]he G&E orders did not create any distinction based on the religious or non-religious nature of the setting in question. Any distinction between settings permitted to remain open and those required to close was based on epidemiological data and the PHO’s assessment—supported by provincial, national and international data and experience—that the level of risk of viral transmission was unacceptably high in certain types of settings or gatherings involving certain types of activities. The risks associated with retail and other permitted activities—typically involving more transient contact between individuals of a transactional nature—were determined to be different than the risks associated with the activities that form an essential component of in-person religious worship and the celebration of faith.

The court also concluded that plaintiffs' religious freedom rights under §2 of the Charter were not infringed, saying in part:

In my view, the limitation on the religious freedom of the appellants stemming from the G&E orders has been shown to be a proportionate one in light of the unprecedented risk to public health that arose during the second wave of the virus, the need to take precautions to stop preventable deaths from occurring, and the need to protect the capacity of the healthcare system....

[T]here was an ample evidentiary basis upon which the PHO could reasonably conclude that, when faith-based communities gathered for worship, the risk of transmission was unacceptably high.... [O]bservance of the liturgy requires a spiritual communion of faith that involves participation of the congregation in physically intimate acts—sharing communion, prayer, and song. These activities were known to be associated with a heightened risk of transmission.... [T]here is no proper basis upon which a reviewing court could interfere with the scientific determinations underlying the PHO’s orders....

CBC News reports on the decision.

Tuesday, December 13, 2022

Canadian Court Says School Demonstration of Indigenous Rituals Did Not Violate Religious Freedom

In Servatius v. Alberni School District No. 70, (BC CA, Dec. 12, 2022), the Court of Appeal for the Canadian province of British Columbia held that a public elementary school did not violate the religious freedom rights of an evangelical Protestant mother when her daughters' classes were made to view a demonstration of indigenous cultural practices. A Nuu-chah-nulth elder demonstrated a smudging ceremony and at a later time a hoop dancer performed at a school assembly and said a prayer during his performance. The appeals court agreed with the trial judge's conclusion that there was no violation of the Charter of Rights and Freedoms because the children merely viewed, and did not participate in the smudging or the prayer. The court said: "religious freedom is not compromised when students are taught about other beliefs." CTV News reports on the decision.

Monday, March 22, 2021

Canadian Province's Limits On Worship Services Are Upheld

In Beaudoin v. British Columbia, (BC Sup. Ct., March 18, 2021), a British Columbia trial court upheld against religious freedom challenges the COVID-19 Gathering and Events orders of the Canadian province's Provincial Health Officer.  The court said in part:

I find that Dr. Henry carefully considered the significant impacts of the impugned G&E Orders on freedom of religion, consulting with the inter-faith community to discuss and understand the impact of restrictions on gatherings and events on their congregations and religious practices....

Her decision was made in the face of significant uncertainty and required highly specialized medical and scientific expertise. The respondents submit, and I agree, that this is the type of situation that calls for a considerable level of deference....

There is a reasonable basis to conclude that there were no other reasonable possibilities that would give effect to the s. 2 Charter protections more fully, in light of the objectives of protecting health, and in light of the uncertainty presented by the Virus.

Although the impacts of the G&E Orders on the religious petitioners’ rights are significant, the benefits to the objectives of the orders are even more so. In my view, the orders represent a reasonable and proportionate balance.

Thus, the respondents have proven that the limits the G&E Orders place on the religious petitioners’ s. 2 Charter rights are justified under s. 1 of the Charter.

Cold Lake Sun editorializes on the decision.

Tuesday, March 02, 2021

Canadian Court Upholds Denial of Driver's License To Pastafarian Wearing Pirate's Hat

In Canada, in Smith v. British Columbia Human Rights Tribunal, (BC Sup. Ct., Feb. 26, 2021), a British Columbia trial court upheld the dismissal by the B.C. Human Rights Tribunal of a religious discrimination complaint filed by a member of the Church of the Flying Spaghetti Monster. The province's driver's license authority had refused to issue petitioner a license using his photo that showed him wearing a pirate's tricorn hat. The Tribunal had said:

You are a Pastafarian and member of the Church of the Flying Spaghetti Monster which mocks religious beliefs and certain religious practices.  Pastafarians wear colanders as “religious” head gear.

While the protection against discrimination on the ground of religion in the Code includes protecting the expression of non-belief and the refusal to participate in religious practice, the protection does not require accommodation of a practice satirizing religious practice in providing a service customarily available to the public.  It would not further the purposes of the Code to proceed with a complaint in these circumstances.

In refusing to overturn the Tribunal's decision, the court said in part:

The Tribunal determined that accepting the petitioner’s complaint for filing “would not further the purposes of the Code”, one of which is to “promote a climate of understanding and mutual respect where all people are equal in dignity and respect”.  In my view, the Tribunal’s Decision ... cannot be said to have been patently unreasonable.

Castanet reports on the decision.

Thursday, February 18, 2021

Canadian Court Refuses To Order Churches To Follow Health Orders Pending Hearing On Constitutionality

In Beaudoin v. British Columbia, (BC Sup. Ct., Feb. 17, 2021), a trial court in the Canadian province of British Columbia refused to issue an interlocutory injunction requiring three churches who are petitioners in the case to comply with COVID-19 public health orders banning in-person religious services in the province. The churches, clergy and another plaintiff filed suit challenging the public health orders as being in violation of the Canadian Charter of Rights and Freedoms. A hearing on this challenge is scheduled for March 1.  Pending that hearing, the government sought immediate injunctions to prevent the churches from continuing to hold in-person services. Refusing to issue the requested injunction, the court said in part:

I am left to wonder what would be achieved by the issuance of an injunction in this case....

When asked, counsel for the respondents said that the respondents accept that the petitioners’ beliefs are deeply held, but in response to my question as to why an injunction was sought, responded that while the petitioners and others like them are not dissuaded from their beliefs and practices by the impugned orders, an order from this Court is more likely to accomplish their compliance.

Given the other remedies available to the respondents, I have reservations that an injunction alone, without enforcement by the B.C. Prosecution Service, would overcome the deeply held beliefs of the petitioners and their devotees.... 

Vancouver Sun reports on the decision.

Saturday, January 18, 2020

Canadian Court Says Indigenous Events In School Did Not Infringe Religious Freedom of Christian Students

In Canada, in Servatius v. Board of Education School District No. 70, (BC Sup. Ct., Jan. 8, 2020), a British Columbia trial court judge rejected claims of infringement of religious freedom asserted by the mother of two school children. The court summarized the dispute:
As part of an effort to acquaint students with Indigenous culture and to promote a sense of belonging in Indigenous children, a Nuu-chah-nulth Elder visited a Port Alberni elementary school and demonstrated the practice of smudging. A few months later, an assembly at this public school witnessed an Indigenous dance performance, in the midst of which the dancer said a prayer. The petitioner is an evangelical Christian. Her nine-year-old daughter and seven-year-old son were enrolled in the school and witnessed these demonstrations of Indigenous culture and spirituality.
In dismissing the claims, the court said in part:
When arrangements are made for Indigenous events in its schools, even events with elements of spirituality, the School District is not professing or favouring Indigenous beliefs. Educators are holding these events to teach about Indigenous culture, and to introduce students to Indigenous perspectives and worldviews....
I conclude that proof on an objective basis of interference with the ability of the petitioner or her children to act in accordance with their religious beliefs requires more than the children being in the presence of an Elder demonstrating a custom with spiritual overtones or being in the presence of a dancer who said a brief prayer. In most instances, it is not difficult to recognize the boundary between a student learning about different beliefs and being made to participate in spiritual rituals. A field trip to a mosque to watch prayers would be learning about Islam; an Imam coming to the classroom and demonstrating prayer rituals would likewise not be problematic. However, in either of these cases, if the involvement of the students progressed to being called upon to pray or read from the Koran then it might well be said that educators have compelled the manifestation of a specific religious practice or the affirmation of a specific religious belief. If a Catholic priest came to school with altar candles and a censer containing incense to acquaint the students with the sights and scents of Church rites, this would seem to be well within the bounds of what the S.L. case stands for: religious freedom is not compromised when students are taught about other beliefs. If, however, the children underwent a baptism, this would be far over the line.
(See prior related posting.)

Tuesday, November 19, 2019

In Canada, Parent's Suit Challenges Classroom Demonstration of Smudging Ceremony

CTV News and Nanaimo News reported yesterday on the opening of a trial in Nanaimo, British Columbia in a suit against a school district because of a classroom demonstration of a Nuu-chah-nulth smudging ceremony. Plaintiff, the mother of a child in the elementary school classroom where the demonstration was carried out in 2015, says that the exercise violated her daughter's rights.  The daughter asked to leave the room, but her teacher told her that this would be rude and that she must stay in class and participate.  The lawyer filing the case said: "We believe that the government cannot compel citizens to participate in supernatural or religious ceremonies."

Monday, April 01, 2019

Canadian Tribunal Finds Anti-Transgender Election Pamphlet Amounts To Illegal Discrimination

In Canada, the British Columbia Human Rights Tribunal last week held that a Christian activist violated the province's Human Rights Code when he circulated a pamphlet attacking a candidate for the province's Legislative Assembly because of her transgender status.  In Oger v. Whatcott, (BCHRT, March 27, 2019), the Tribunal held that William Whatcott's conduct amounted to unlawful hate speech and discrimination against transgender advocate Morgane Ogerunder.  At issue was the application of Section 7 of the Human Rights Code which prohibits publications that, among other things, indicate an intent to discriminate or which likely expose a person to hatred or contempt on the basis of their gender identity or expression. As described by the Tribunal:
Mr. Whatcott created a flyer entitled “Transgenderism vs. Truth in Vancouver‐False Creek” [Flyer]. In it, he called Ms. Oger a “biological male who has renamed himself… after he embraced a transvestite lifestyle”. He expressed a concern “about the promotion and growth of homosexuality and transvestitism in British Columbia and how it is obscuring the immutable truth about our God given gender”. He described being transgender as an “impossibility”, which exposes people to harm and constitutes a sin. Mr. Whatcott ended the Flyer with a call to action: do not vote for Ms. Oger or the NDP.
In its 105-page opinion, the Tribunal rejected Whatcott's freedom of expression and religion defenses, balancing the Charter of Rights and Freedoms against the objectives of human rights legislation. Toronto Star reports on the opinion.

Tuesday, July 25, 2017

Canadian Court Convicts 2 FLDS Leaders of Polygamy

In the Canadian province of British Columbia yesterday, a trial court found two former bishops of the FLDS Church guilty of polygamy.   The two, who were part of the FLDS colony in Bountiful, B.C., married multiple women in so-called celestial marriages.  Canadian Press reports that James Oler who was married to five women, and Winston Blackmore who was married to 25 women in celestial marriages, were convicted after an earlier 12-day. Blackmore's lawyer plans to appeal on constitutional grounds. (See prior related posting.)

Sunday, February 05, 2017

Canadian Court Convicts 2 FLDS Members For Bringing Daughter To US To Marry Church Leader

As reported by the Toronto Sun, a British Columbia (Canada) trial court has found that FLDS member Brandon James Blackmore, assisted by Gail Blackmore, transported the couple's 13-year old daughter from Canada to the United States to facilitate her marriage to Warren Steed Jeffs, then the Prophet and President of the FLDS Church. In Regina v. Blackmore, (BC Sup. Ct., Feb. 3, 2017), the court after making extensive findings concluded that the two are guilty, but acquitted a third defendant-- James Oler-- on charges relating to his daughter.

Wednesday, November 02, 2016

Trinity Western Law School Wins Appeal In British Columbia

In Trinity Western University v. Law Society of British Columbia, (BC Ct. App., Nov. 1, 2016), the Court of Appeal for the Canadian province of British Columbia held that the province's Law Society acted unreasonably when it denied approval to a proposed new law school at the Christian-affiliated Trinity Western University. The Law Society's vote was a reaction to a requirement at the University that students sign a Community Covenant that, among other things, does not recognize same-sex marriage. The court summarized its decision in part as follows:
The issue on appeal is whether the Law Society met its statutory duty to reasonably balance the conflicting Charter rights engaged by its decision: the sexual orientation equality rights of LGBTQ persons and the religious freedom and rights of association of evangelical Christians. The Benchers initially voted to approve TWU’s law school. That decision was met with a backlash from members of the Law Society who viewed it as endorsement of discrimination against LGBTQ persons. The Benchers decided to hold a referendum and to be bound by the outcome. A majority of lawyers voted against approval. The Benchers then reversed their earlier position and passed a resolution not to approve TWU’s law school.
In doing so, the Benchers abdicated their responsibility to make the decision entrusted to them by the Legislature. They also failed to weigh the impact of the decision on the rights engaged. It was not open to the Benchers to simply adopt the decision preferred by the majority. The impact on Charter rights must be assessed concretely, based on evidence and not perception.
... [D]enying approval would not enhance access to law school for LGBTQ students. In contrast, a decision not to approve TWU’s law school would have a severe impact on TWU’s rights.... 
In a diverse and pluralistic society, government regulatory approval of entities with differing beliefs is a reflection of state neutrality. It is not an endorsement of a group’s beliefs.
CBC News reports on the decision. [Thanks to David Fernandes for the lead.]

Thursday, June 30, 2016

Canadian Court OK's Ontario's Refusal To Accredit Christian Law School

In Trinity Western University v. The Law Society of Upper Canada, (CA ON, June 29, 2016), a 3-judge panel of the Court of Appeal for Ontario upheld the decision of the Law Society of Upper Canada to deny accreditation to Trinity Western Law School because its religiously-grounded Community Covenant requires all students to "refrain from sexual intimacy that violates the sacredness of marriage between a man and a woman."  Finding that "the part of TWU’s Community Covenant in issue in this appeal is deeply discriminatory to the LGBTQ community," the Court held that the Law Society "did not violate its duty of state neutrality by concluding that the public interest in ensuring equal access to the profession justified a degree of interference with the appellants’ religious freedoms." In reaching that conclusion, the Court relied in part on the U.S. Supreme Court's 1983 Bob Jones University decision. Similar battles over accreditation of the Christian law school are in progress in the school's home province of British Columbia, as well as in Nova Scotia.  CBC News reports on yesterday's decision. [Thanks to Paul de Mello Jnr. for the lead.]

Thursday, June 02, 2016

Third Canadian Special Prosecutor Can Bring Polygamy Charges Against FLDS Leader

In Blackmore v. British Columbia (Attorney General), (BC CA, June 1, 2016), the British Columbia Court of Appeal upheld the appointment of the third special prosecutor since 2007 to bring polygamy charges against FLDS Church leader Winston Blackmore who lives in Bountiful, British Columbia.  In 2011, a British Columbia court upheld most applications of Canada's anti-polygamy law. (See prior posting.) In yesterday's decision, the appeals court rejected the argument that the first special prosecutor's decision not to approve charges was final. The Province reports on the decision. [Thanks to Religion News for the lead.]

Friday, December 11, 2015

British Columbia Court Requires Law Society Approval of Trinity Western Law School

In Trinity Western University v. Law Society of British Columbia, (BC SC, Dec. 10, 2015), a British Columbia trial court reinstated an April 2014 vote by the Benchers of the Law Society of British Columbia approving graduates of Trinity Western University Law School for entry into the Society's bar admissions program.  In October 2014, the benchers had reversed their earlier approval after a referendum of the full membership disapproved of Trinity Western's required community covenant for students and faculty. The covenant includes a prohibition on sexual intimacy outside of a marriage between a man and a woman. (See prior posting.) The court however concluded that the referendum and subsequent October vote of the Benchers were procedurally flawed:
There is no basis upon which a conclusion could be drawn ... that the LSBC’s membership considered, let alone balanced, the petitioners’ Charter rights against the competing rights of the LGBTQ community....
While the Benchers clearly weighed the competing Charter rights of freedom of religion and equality before voting on the April Motion, the record does not permit such a conclusion to be reached with respect to the Benchers’ vote of October 31, 2014. As the respondent had bound itself to accept the referendum results of its members, I am unable to find that the vote of the LSBC’s members or the impugned decision considered, let alone balanced, the two implicated Charter rights. Further support for this conclusion comes from the fact that opposite results were reached by the Benchers’ votes of April 11 and October 31, 2014, despite the October 31, 2014 vote being conducted without any substantive discussion or debate.
CTV News reports on the decision.

Thursday, October 22, 2015

Canadian Court: Grandparents Have No Right To Force Religious Exposure On Grandchild Over Mother's Objections

In A.R. and B.R. v. M.W. and L.R., (BC Prov. Ct., Oct. 21, 2015), a British Columbia (Canada) Provincial Court rejected an application by paternal grandparents for unsupervised contact time with their 4-year old granddaughter.  The grandparents want to be part of the child's life even though their son (the child's father) has little contact with them or with the child.  The child's mother, however, objects to the grandparents' insistence on taking the child to Jehovah's Witness religious services.  The court rejected the grandparents' claim that their right under the Canadian Charter of Rights and Freedoms to free exercise of religion has been infringed, saying:
No one is questioning the applicants’ right to practice their religion. This dispute arises from the applicants’ refusal to accept that they have no say in the religious and spiritual upbringing of A.W. They are not guardians and they do not have any parental responsibilities.
The court limited the grandparents' visits to one hour per month in the mother's home, supervised by the mother.  CBC News reports on the decision.

Sunday, June 22, 2014

Mormon Church Sues Canadian Sect Leader Over Name Misappropriation

The Vancouver Sun and Reuters reported last week that the Church of Jesus Christ of Latter Day Saints (the mainline Mormon Church) has filed suit against Winston Blackmore, leader of a polygamous Mormon sect headquartered in Bountiful, British Columbia for misappropriation of the trademarked name, identity and reputation of the mainline Church.  Blackmore, who headed the Canadian branch of the FLDS until he was excommunicated by leader Warren Jeffs, founded his own sect with followers comprised mostly of his extended family in British Columbia, Idaho, Utah and Arizona, and initially incorporated it as the Fundamentalist Church of Jesus Christ of Latter Day Saints. However he changed it in 2010 to eliminate the word "Fundamentalist."  The mainline church discovered this in January when, after changing the form of its Canadian branch from an Alberta trust to a corporation, it tried to register its name in British Columbia and had its application rejected.  Its filings in the B.C. Supreme Court indicate that the confusion has led to diversion of contributions intended for the mainline Church.