Bitter Winter reports that "on July 4, the Ontario Superior Court of Justice rendered a major decision in favor of the Jehovah’s Witnesses (“Gutierrez v. The Watchtower Bible and Tract Society of Canada,” 2024 ONSC 3837)."
For the purposes of the class action, the plaintiffs advanced three causes of action: (a) negligence, including systemic negligence; (b) breach of fiduciary duty; and (c) vicarious liability. The judge concluded that none of the three causes of action would succeed.
Three important preliminary findings of the judgement govern the conclusions on the three causes of action. First, the Jehovah’s Witnesses “do not operate religious day-schools, Sunday schools, orphanages, home care, or any other activity where the congregation or its leaders might assume responsibility for the care of children. Congregations do not separate children from their parents. The congregations do not provide or sponsor any extra-curricular activity, such as choirs, clubs, camps, outings, sports, outdoor walks, parties, and similar activities for children, youths or adolescents. It is Jehovah’s Witness dogma that parents have the sole scriptural responsibility to provide age-specific religious education and training to their children and that other Jehovah’s Witnesses should not usurp or assume the parental role” (par. 56–57).
Second, “As an ecclesiastic matter, beginning in September 1950, and more particularly since the early 1980s when mandatory reporting laws for child sexual abuse came into effect in Canada, the Governing Body provided congregants worldwide, and the public at large, with scripturally based guidance and education on practical steps to prevent child sexual abuse and to assist victims” (par. 67), and in 2018 published a worldwide children protection policy (par. 75).
Third, “starting in 1988, the Canada Branch issued letters to the Elders in all congregations regarding an Elder’s obligation to report allegations of child abuse to secular authorities, irrespective of any consideration of spiritual status that may arise from the same allegations” (par. 69). “The Elders were directed, among other things, that: (a) Canadian law requires the reporting of child abuse to secular authorities without exception; (b) Elders are to contact the Legal Department of the Canada Branch immediately to obtain situation-specific legal advice to assist in compliance with reporting requirements; and (c) if the victim wishes to make a report to the authorities, it is his or her absolute right to do so” (par. 70).
When confronted with these policies, none of the causes of action can stand, the judge said.