At the Supreme Court of Canada Earlier today, the BC Humanist Association defended the rights of people who have left high-control religious organizations.
The BCHA is an intervener in Vabuolas v Privacy Commissioner for BC. This case arose after two ex-Jehovah’s Witnesses applied for personal records held by their former congregations under British Columbia’s privacy law. The congregations have steadfastly refused, leading the case to Canada’s highest Court.
John Trueman, supported by Vivian Li and Noah Faust-Robinson of Allen/McMillan Litigation Counsel, appeared before the Court for the BCHA to affirm that religious freedom must respect the rights of others, and that religious practices are always subject to the law.
Lawyers for the Jehovah’s Witnesses argued for the Court to write into the privacy law a religious exemption. Such language, they argue, would have prevented the Privacy Commissioner from even considering the requests from the former members.
“Today we saw a religious group ask the Court to rewrite the law to exempt them from its neutral application,” said BCHA Legal Policy Researcher Sarah Fowler. “We intervened to defend the continued importance of secular oversight of all organizations, and to ensure that the exercise of freedom of religion continues to respect the rights of all people, including the ex-religious."
As Trueman argued today:
“This is not religious freedom; it is religious supremacy. And it has no place in this country’s Charter jurisprudence.”
The BCHA previously intervened in the case at the Supreme Court of BC and BC Court of Appeal. As early as 2021, the Jehovah’s Witnesses had also previously challenged the initial investigation by BC’s privacy commissioner in the Supreme Court of BC. At every stage, the courts have sided with the applicants and privacy commissioner.
“We are optimistic that the Court will take this opportunity to finally settle this longstanding dispute and start the process for Gabriel-Liberty Wall and Gregory Westgarde to receive the records they are entitled to,” said BCHA Executive Director Ian Bushfield.
The justices reserved their decision, which will likely be rendered in early 2027.
Your backing has allowed us to be a part of this case at every level of court. Interventions like this take months of preparation. Through your continued support, we have been able to put a Humanist voice in the room when the country's highest Court decides where the limits of religious privilege lie.
Be a part of ensuring Humanist voices are heard in court the next time freedom of, and freedom from, religion are at stake.