On April 13, 2017, the Supreme Court of Canada granted leave to appeal in the decision of Wall v Judicial Committee for the Highwood Congregation of Jehovah’s Witnesses (“Wall”). Leave to appeal was sought by the Judicial Committee of the Highwood Congregation of Jehovah’s Witnesses and the Highwood Congregation of Jehovah’s Witnesses (the “Congregation”). The Supreme Court of Canada has assigned the tentative hearing date of November 2, 2017. In the Wall case (which was released on September 8, 2016), a majority on the Alberta Court of Appeal affirmed that courts have the legal jurisdiction to review decisions made by a religious organization where discipline or expulsion of a member was carried out in a manner that does not reflect principles of natural justice. For more information concerning the Alberta Court of Appeal decision in Wall, see Church Law Bulletin no. 47.
In finding that Mr. Wall’s expulsion from the membership in the Congregation was done using procedures that did not reflect principles of natural justice, the Alberta Court of Appeal noted that Mr. Wall was not provided with the details of the allegations made against him or an explanation of the discipline process that he would face prior to expulsion; he was not advised whether there would be a record of the proceedings, nor did he receive a written reasons of either the Judicial Committee or the Appeal Committee.
The Supreme Court of Canada’s ruling on this case will no doubt have a significant impact on how charities and not-for-profits are able to discipline their members in accordance with principles of natural justice.