Dear Friend,

A few years ago, we successfully intervened in a Supreme Court case that confirmed that courts should not become involved in the internal affairs of churches. This issue is returning to the Supreme Court and the EFC will seek to intervene once more.
 
Historically, matters of membership and discipline have been understood to be generally outside the scope of the courts. As the Supreme Court said in its previous decision, the courts must not become an “arbiter of religious dogma.” The courts do have jurisdiction in matters of civil and property rights (employment standards, for example), but they do not have the expertise, and in a secular society, they should not take sides in religious disputes.
 
Members voluntarily join a church community because they agree with its religious teachings and convictions. In doing so, they willingly submit to the leadership for the purpose of spiritual growth and accountability. The leaders, in turn, conscientiously exercise the authority given to them by Jesus Christ to “take care of His sheep,” believing they are ultimately accountable, not to human authorities, but to God (Hebrews 13:17).
 
Many churches adopt governing documents (e.g. bylaws, constitutions, orders, etc.) that regulate the doctrines and practices of the church, but these are ecclesiastical in nature – that is, they fall outside the jurisdiction of civil courts. It would be ridiculous to ask the courts to determine whether church overseers have adequately carried out Jesus’s teachings on dealing with sin in the church as instructed in Matthew 18:15-16!
 
On December 9, 2020, the Supreme Court of Canada will be asked to decide whether church membership forms a contractual relationship between the member and the church, and whether a church’s written procedural or organizational guidelines around membership and discipline are legally enforceable.
 
The case began when five members of a congregation in Toronto were expelled from their church. These former members had served on a committee that was tasked with investigating allegations of heresy within the church. Disputes arose when the church administration rejected the committee’s conclusions. This led to the expulsion of the committee members.
 
These former members took the dispute to court, claiming that the church had failed to follow its own internal procedures in the expulsion process, saying they were expelled without notice or any adequate hearing. They are also claiming that the church violated their Charter rights to freedom of conscience and religion.
 
The Ontario Superior Court had dismissed the case, ruling that there was no civil right or contract that would allow the court to interfere in this matter. However, this decision was overturned by the Ontario Court of Appeal, who ruled that a contract did exist between the church and the expelled members. The Court ruled that the church’s written bylaws and constitution constituted the terms of the contract and that the former members’ commitment to “pay” monthly tithes entitled them to contractual rights of procedural fairness.
 
This decision clearly contradicts the 2018 Supreme Court ruling on a similar case in which the EFC intervened. That Court concluded that the courts do not have jurisdiction over the internal disputes of private voluntary associations like churches. The Court stated that “no civil or property right is formally granted by virtue of membership (in a religious organization),” and that the Court should not “become the arbiter of religious dogma.” In other words, the Supreme Court upheld the principle that judges have no business second-guessing the ecclesiastical or doctrinal decisions made by religious organizations regarding discipline and membership.
 
Such church policies and decisions are rooted in doctrine and the interpretation of Scripture. The Supreme Court understood that adjudicating in these matters could involve making determinations about the interpretation and application of Scripture and theology, which are beyond their expertise. It is important to preserve the authority and Charter-protected autonomy of churches (and other faith communities) to act according to their deeply held beliefs without any intrusion by the courts.
 
The EFC is seeking intervener status in this case when it is heard by the Supreme Court of Canada this December.
 
We believe the outcome of this case will have far-reaching implications for a broad range of religious organizations and charities in Canada. We want to defend the ability of faith communities to freely determine membership in accordance with their own culture, beliefs, policies and practices. Inviting the courts to weigh in on matters of theology and doctrine will have negative consequences for all peoples of faith.
 
Will you stand with us as we work to preserve the authority and autonomy of churches and other faith communities to make internal decisions without interference from the courts? We know you understand that court cases require careful preparation and can be quite costly. Your prayers and financial support are greatly appreciated! Thank you and God bless!

Sincerely,
 
Bruce Clemenger
President

Donate Now