CLF to appear before Supreme Court in religious autonomy case

CLF to appear before Supreme Court in religious autonomy case - December 9, 2020

For Immediate Release

November 13, 2020

Ottawa, ON – Yesterday, November 12, 2020, the Supreme Court of Canada granted CLF leave to intervene in an appeal from the Ontario Court of Appeal’s decision Aga v Ethiopian Orthodox Tewahedo Church of Canada.  

This case raises important questions about the legal effect of church constitutions and bylaws and the rights of churches and other voluntary religious associations to determine their own membership and processes free from judicial intervention.

The Supreme Court granted leave to several other organizations, including both religious and non-religious groups. 

As a non-governmental organization with special consultative status at the Economic and Social Council of the United Nations, CLF’s intervention will focus on Canada’s international commitments to respect religious communities’ right to self-define and function independently, free from undue state interference. 

CLF has been permitted to provide 10 pages of written submissions, and 5 minutes of oral argument. The case will be heard December 9, 2020. 

Brief Summary:

This case involves the lawsuit of aggrieved congregants against their church leadership concerning their ejection from membership and the leadership’s alleged refusal to act on the results of an investigation into heresy within the church. The church moved to dismiss the action summarily based on the Supreme Court’s recent decision in Wall, arguing the court had no jurisdiction to decide the matter. The chambers judge agreed, finding there was no legal right at stake to render the dispute justiciable since there was no underlying legal right at stake. However, the Ontario Court of Appeal overturned that decision on the basis that the church’s constitution created a contractual relationship between the church and the parishioners. 

Background and further reading:

• Read CLF’s Memorandum of Argument, filed with the Supreme Court (October 15, 2020):
  
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• Read CLF’s blog: Supreme Court will hear appeal in church autonomy case (June 2020)

• Read CLF, ARPA, and CCCC’s joint intervention materials on the leave application (motion to intervene on the leave application dismissed on June 18, 2020, “without prejudice to the right to file a motion for leave to intervene in the appeal”), and related backgrounder (April 2020)

• Read more about the Wall SCC decision and CLF’s intervention in that case (2018)

• Read the Supreme Court of Canada’s summary of the Aga case

• Read the Ontario Court of Appeal’s decision in Aga v Ethiopian Orthodox Tewahedo Church of Canada, 2020 ONCA 10.

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For additional information, please contact:

Ruth A.M. Ross
Director of Operations
Christian Legal Fellowship
ramross@christianlegalfellowship.org