In a unanimous decision released on May 31, 2018, the Supreme Court of Canada recognized that the disfellowshipping arrangement should remain free from court intervention. We rejoice in this vindication of Jehovah’s righteous standards.—Isaiah 33:22.
They are are so quick to boast about it that they make a claim which is not true. They make a general statement but their victory is only limited to this case and the precedents already set out by the courts.
There could arise circumstances that due to the disfellowshipping arrangement of the church an individual would be able to successfully sue through court involvement.
During the court hearing it was acknowledged when the courts could become involved - it relates to inflicting intentional emotional distress.
This is from a website advising when a religion could be sued
EMOTIONAL DISTRESS
The infliction of emotional distress is grounds for a lawsuit in most jurisdictions. However, it is strictly limited to the intentionaIlinfliction of emotional distress. That is, the plaintiff must prove that the actions of the defendant were motivated by the desire to cause emotional distress.
I imagine this is the very reason a JC will be delayed when it comes to the Elders attention that there is a chance of suicide.
It may also be a reason why many Elders will take a step backwards in dealing with a JW who says they are dealing with personal problems.
It would be good if JWs/exJWs considered how best they could use this fact before or during a JC.
As an example, the Elders could be told that if they go ahead with dfing they will be responsible for the shunning that results from their public announcement which you feel will cause untold emotional damage to you.
Its no wonder that they like to say that it's not them that are causing this distress but the blame lays squarely on the shoulders of the dfd one, who by their own actions, brought this on himself.
The idea that they 'desire to cause emotional distress' could possibly be demonstrated by the idea that they use disfellowshipping as a form of blackmail and not simply to keep their congregations clean since they choose to ignore sinners who don't confess and there are not two witnesses.
Their disfellowshipping arrangement is cruel and it was pointed out by Judge Mclellan at the ARC.