Jun 2018 Charity & NFP Law Update
On May 31, 2018, the SCC released its decision in Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v Wall (“Wall”) concerning the courts’ jurisdiction to review the decision of the Highwood Congregation of Jehovah’s Witnesses (“Congregation”) to expel Mr. Wall from membership. The Wall decision overturns the Alberta Court of Queen’s Bench and the Alberta Court of Appeal’s decisions, which had both held that courts had the jurisdiction to review decisions made by religious groups regarding the discipline or expulsion of members where such decision was made in a manner that did not reflect principles of natural justice. While the SCC did not entirely rule out the courts’ jurisdiction over decisions made by religious groups and other voluntary associations over membership matters on the basis of procedural fairness, it held that this jurisdiction was restricted to a defined set of circumstances.
For the balance of this Bulletin, please see Church Law Bulletin No. 54.