May 21, 2021 – Ottawa
I welcome the Supreme Court of Canada’s decision in a case about whether ecclesiastical decisions about membership and discipline, are outside of the scope of the Courts judicial review.
In (Ethiopian Orthodox Church of Canada St. Mary Cathedral) vrs (Aga) the Court unanimously ruled that matters of membership and discipline within a voluntary religious community, are outside the jurisdiction of the Courts.
The Court ruled that Courts have jurisdiction in the affairs of voluntary associations, only if there is a legal right involved, such as a property right or a matter of employment.
One of the issues before the court was whether becoming a member of voluntary association which has a constitution and by-laws, establishes a contract between the member and an association. The court determined that membership, such as in a church, is not necessarily contractual.
The ruling states: “Becoming a member of a religious voluntary association, and even agreeing to be bound by certain rules, does not, without more, evince an objective intention to enter into a legal contract enforceable by the courts.”
It was argued that that Section 2(a) of the Canadian Charter of Rights and Freedoms includes protection for the communal dimensions of religious freedom, and includes freedom of religious association, and that ecclesiastical decisions of religious communities, including decisions related to membership cannot be interfered with by the State.
For a Christian, and indeed for many religious individuals, the congregational community and communal worship are necessary components of meaningful practice of faith. The congregational community, is the vehicle through which Christian individuals carry out their faith and benefit from their section 2(a) Charter right to freedom of religion. Religious belief, practice and worship, are not merely personal or private engagements. Local adherents, congregate together in order to worship, study, learn, teach, pray, volunteer, serve and evangelize.
Such associations are vehicles to pursue shared goals. Therefore, many churches will have rules, sometimes even a constitution, bylaws and a ‘governing’ body to adopt and apply the rules. These are practical measures of order to reasonably pursue shared goals. But, they do not in and of themselves give rise to contractual relations amongst individuals and subject to litigation.
This decision is an important clarification of the scope of the Court’s jurisdiction in Canada, in the voluntary life of churches.
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