Canadian Appeal Court decision made the news: Judges can overturn unfair church edicts

by AndersonsInfo 44 Replies latest jw friends

• 

  berrygerry

  the church is less like a public company and more like a private “bridge club,”

  
  

  Hmmm.

  
  

  It is not a community association or a club where people with a similar background or similar interests in a sport or a hobby come together.

  wol.jw.org/en/wol/d/r1/lp-e/2007285?q=not+a+club&p=sen

  
  

  The Christian congregation is, not a social club or a secular organization, but a close-knit family united in the worship of Jehovah God.

  
  

  http://wol.jw.org/en/wol/d/r1/lp-e/2009524?q=not+a+club&p=sen

  
  

  The Christian congregation was founded, not to function as a social club, but to honor Jehovah and to get a job done—the work of preaching the good news, making disciples, and building up the congregation.

  http://wol.jw.org/en/wol/d/r1/lp-e/2010683?q=not+a+club&p=sen

  Associating with the Christian congregation is not like joining a social club. You came into the congregation because Jehovah wanted you here. (John 6:44) Why did he choose you? Did he see a righteous person who feared God? “Not at all!” you may say. What, then, did God see? He saw that you would be willing to obey his law and accept his kind direction.

  
  

  http://wol.jw.org/en/wol/d/r1/lp-e/402012522?q=not+a+club&p=sen
• 

  Vidiot

  @ OrphanCrow...

  Hmm, interesting.

  With this particular new development, I'm starting to wonder if the Org has bit off more than they can chew with their "new-and-improved" kick-your-XJW-kids-out-of-the-house direction. :smirk:
  
• 

  OrphanCrow

  Well,Vidiot, I think that this case could play out strangely. It will be hard to predict

  The irony is not lost on me - the Jehovah's Witnesses are credited with shaping the Canadian Charter of Rights and Freedoms - and now they are getting challenged under that same charter. Ironic and historically significant...I think this case has the potential to shift power significantly in favor of individual rights.
• 

  search

  Ironic and historically significant...I think this case has the potential to shift power significantly in favor of individual rights.

  Canada's Charter has always been about the individual - WT is trying to shift it to corporations

  From the Appeal

  ISSUE SIX - Does a foreign corporation have Canadian Charter Rights and Freedoms?

  67. For the most part, the Watch Tower Pennsylvania Corporation has had its way with American courts. The Appellants ask for support in Canada in the same way that the American Constitution allows religions to oppress their members if they desire.

  68. Does the Canadian Charter of Rights and Freedoms give unfettered and unchecked actions to an American Corporation? Justice O’Sullivan specifically addressed this very issue.

  Much has been said in this case about freedom of religion as if the Charter of Rights protected religious bodies in their freedom to oppress their members. What the Charter, as distinguished from the American First Amendment, protects is not freedom of a religious group to conduct itself in whatever manner it pleases, but rather the freedom of the individual to liberty of conscience and religion. [1]

  69. There is no ambiguity in Justice O’Sullivan’s words. Yet, Watch Tower is arguing that the Canadian Charter of Rights gives it “freedom to oppress their members.” The Canadian Charter does not give the Watch Tower Corporation such freedom. The Canadian Charter gives freedom to the individuals. The Watch Tower Corporation does not have the right to extinguish the individual’s freedom.

  70. In Constitutional Law of Canada, Peter Hogg writes that parliament deliberately chose the word “individual” to remove confusion around the word “person.” Furthermore, if ever some type of right were obtainable by a corporation, it would exclude foreign corporations, of which is Watch Tower Pennsylvania Corporation. [2]

  
  

  [1] Lakeside Colony of Hutterian Brethren v. Hofer (Man. C.A.) [1991] M.J. No. 27
  

  [2] Constitutional Law of Canada at 37.1 ( c )
  

  Constitutional Law of Canada - Peter Hogg
  

  Section 15 confers its equality rights on "every individual". This is a more specific term than "everyone", "any person" or "anyone", and it probably excludes a corporation, at least in the context of an instrument which also contains the more general terms. The word "individual" was substituted for "everyone" during the parliamentary committee's deliberations on the Charter, and the explanation given to the committee was that the change was intended "to make it clear that this right would apply to natural persons only". Within s. 15, the reference to "discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability" also reinforces the exclusion of corporations: the listed attributes are all personal characteristics of human beings, and only "natural origin" could apply to corporations as well. But in that company, national origin should probably be read down to exclude foreign corporations.
  
• 

  Vidiot

  OrphanCrow - "...the Jehovah's Witnesses are credited with shaping the Canadian Charter of Rights and Freedoms - and now they are getting challenged under that same charter. Ironic and historically significant..."

  * snort *
  

  I've heard of the Law of Unintended Consequences, but this takes it to a whole new level... :smirk: