The Supreme Court of Canada
Summary:
Elders of the Highwood Congregation of Jehovah’s Witnesses disfellowshipped Wall from their congregation for lack of repentance. Wall unsuccessfully appealed to a religious appeal committee. Wall, a real estate agent, lost several Jehovah’s Witness clients as a result of his expulsion. Eventually, he applied to court for judicial review of his disfellowshipping. He argued that his expulsion impacted his property and civil rights and that the court therefore had jurisdiction to review and even overturn his expulsion. ARPA intervened, arguing that state authority is limited vis-a-vis churches and other civil society institutions. Ultimately, the Supreme Court agreed that the religious decision to disfellowship Wall was not reviewable by a secular court, unless a discrete legal right is at stake.
ARPA Canada’s submissions to the Supreme Court.
Articles:
ARPA at the Supreme Court: Wall v Jehovah’s Witnesses Congregation
A breach in Wall: New court ruling casts shadow on church independence
