The Supreme Court of Canada
Summary:
The church expelled members of the congregation, leading the members to challenge the expulsion on the grounds that it violated the principles of natural justice. In other words, they argued that they were entitled to fair process, but were not given one. The former members argued that the church, which was incorporated, failed to abide by its own bylaws and constitution. They argued that this was like breaking a broken contract. ARPA intervened in the case, explaining the difference between church’s spiritual authority and courts’ civil authority. The Supreme Court of Canada concluded that there was no civil contract between the church and its members, who were not members of the corporation. The Court also reiterated that civil courts only have jurisdiction to intervene when a legal right is at stake. Church membership in itself is not a legal right.
ARPA Canada’s submissions to the Supreme Court of Canada.
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