Humanists are welcoming today's unanimous BC Court of Appeal ruling that found BC's Personal Information Protection Act (PIPA) does not infringe the religious freedom rights of two congregations of the Jehovah's Witnesses.
The case revolves around the efforts by two former members of the Jehovah's Witnesses to access personal records held by their former congregations. The congregations and their elders have argued disclosing these records would compromise their religious freedom. An adjudicator for the privacy commissioner and lower courts have largely ruled against the congregations.
Today's ruling, written by Justice Horsman, found that PIPA does not violate the Charter of Rights and Freedoms. It rejects the JW's argument "that a blanket exemption is constitutionally required for all information collected for a religious purpose." Rather, the Court found that the Privacy Commissioner and adjudicator are able to determine constitutional claims on a case-by-case basis, and in this instance the decision to compel the JW's to produce the records was reasonable.
The appellants submit, in essence, that the Adjudicator ought to have taken at face value their assertions that disclosure of the Disputed Records would constitute an unjustified infringement of the Charter. Such an approach does not involve a balancing of Charter protections with statutory objectives, but rather accords priority in every case to an organizations’ assertion that a production order would unjustifiably infringe Charter rights. It is tantamount to the type of categorical exemption from the legislation that I have already concluded is not constitutionally required.
Represented by John Trueman and Chloe Trudel of Allen / McMillan Litigation Counsel, the BC Humanist Association intervened at the Court of Appeal to advocate for the privacy rights of former religious adherents, particularly those who left high-demand religious groups. We argued for the importance of understanding the shared basis of privacy and religious freedoms as being personal autonomy. These rights, therefore, belong to individuals and not incorporated organizations. Privacy laws recognize the inherent power imbalance between organizations and individuals.
"This is a good decision that recognizes the importance of every British Columbian's privacy rights," said Ian Bushfield, Executive Director of the BC Humanist Association. "Our concern has always been the protection of vulnerable individuals who may face significant consequences when their personal information is shared without their consent, especially within the context of religious discipline."
"This decision represents a significant step forward in protecting the privacy rights of individuals who leave religious groups. It affirms that religious organizations are not above the law and that individuals have the right to control their personal information. We will continue to advocate for strong privacy protections for all British Columbians."
The BC Humanist Association remains committed to advocating for the rights and freedoms of all British Columbians, including the right to privacy and the freedom from religion.
If the Jehovah's Witnesses do not appeal this decision to the Supreme Court of Canada, they will be required to disclosed the disputed records to the Privacy Commissioner who will review them to determine what should be released to the ex-JW applicants.