First day of court for Christian Horizons appeal

Read the complete article here.

National Post – December 16, 2009
Religious charities in limbo, court told; Human rights tribunal ruling could put groups ‘out of business’
By Charles Lewis

TORONTO – Religious charitable groups could be forced to choose between abandoning their values or going out of business if an Ontario Human Rights Tribunal decision is not overturned, an Ontario Divisional Court was told yesterday. …

Yesterday, lawyers for Christian Horizons argued that the tribunal did not understand the fundamental mission of Christianity and that it was a violation of religious freedom to deny the group the right to live out its faith as it saw fit. “The mission is to serve, not to indoctrinate,” lawyer Adrian Miedema told the three-judge panel. “It does not mean the exception should be denied because you don’t teach Christian principles.”

Earlier in the day, Barbara Grossman, another lawyer for Christian Horizons, told court that the group’s religious beliefs compel it to serve all people, not just co-religionists. “They are following what Jesus Christ said in the Gospels that they must minister to all.” Ms. Grossman questioned whether the intent of the provision was to allow a situation in which charitable groups would only care for people of the same faith. “They are following what Jesus Christ said in the Gospels that they must minister to all.” She said if the court let the ruling stand, then Christian Horizons would be left with just two options: cease being a religious organization or refuse to help people who don’t share their faith. She said the latter option would be a practical impossibility, akin to asking patrons of a soup kitchen to fill out a religious questionnaire. Ms. Grossman questioned whether the intent of the provision was to allow a situation in which charitable groups would only care for people of the same faith. “Did the legislature intend to put these groups out of business because they care for those of other faiths?” she asked.

Ms. Grossman said Christian Horizons “serves the disabled without regard to their faith” and noted that the staff of 2,500, through various group homes, cared for 1,400 of the province’s “most difficult to serve.” She said the interests being served are not those of the clients, but of the larger religious community that supports the group – in this case, evangelical Christians. She pointed to a 1984 British Columbia case in which a Catholic teacher was fired from a Catholic school board for marrying a divorced man and then doing so in a civil ceremony. She challenged the decision under that province’s human rights code, which also had a religious exception. The woman argued that the school was serving the interests of the students and therefore her marital status did not impact her employment. But the Supreme Court of Canada ruled that the interests being served were those of the broader Catholic community, not the students. Likewise, in 1991, Christian Horizons was brought before another human rights tribunal after firing two people who went to live in common law relationships. The tribunal said the interest Christian Horizons was serving was not its disable clients but its fellow evangelicals. Christian Horizons ultimately lost that case, but only because they did not have a morals code in place so the two could not have known what they were violating. As a result, Christian Horizons instituted a morals code that every employee must sign.

Read the complete article here.

Bookmark and Share

Comments are closed.


    $('#r-banner').cycle({
        fx:     'scrollDown', 
        easing: 'bounceout', 
        delay:  -4000 
    });