The Province

Jehovah's Witnesses challenge privacy law

Charity argues it violates religious freedoms

- KEITH FRASER kfraser@postmedia.com

A charity representi­ng the Jehovah's Witnesses claims that a B.C. privacy law violates religious freedoms and is seeking to have the legislatio­n struck down as unconstitu­tional.

The Watch Tower Bible and Tract Society of Canada, a charity that represents the Jehovah's Witnesses Christian denominati­on in Canada, filed a lawsuit in B.C. Supreme Court after two former congregant­s lodged complaints with the Office of the Informatio­n and Privacy Commission­er for British Columbia.

The former congregant­s, one in Grand Forks and one in Coldstream, had repudiated the Jehovah's Witnesses and had contacted the privacy commission­er after the congregati­ons in the small communitie­s had denied them access to personal informatio­n. When they had withdrawn as Jehovah's Witnesses, the congregati­ons had set up committees of three elders to provide the former congregant­s with any possible spiritual assistance and otherwise confirm their decisions to repudiate.

The committees each created a “confidenti­al religious summary” of the matters and securely stored them in the local Kingdom Hall used by the congregati­ons. The congregati­ons refused to release the documents to the former congregant­s.

In the case of one former congregant, the privacy commission­er appointed an investigat­or and in January a decision was made to proceed to an inquiry, although the inquiry has not yet commenced. In the other case, an investigat­or has not yet been appointed, but a lawyer for the charity said Tuesday that there should be no inquiries in either case.

“Our position is we shouldn't go there,” said Jayden MacEwan. “This is really the government interferin­g with religious practice. The big issue is the law itself is unconstitu­tional because there's absolutely no exemption for religious practice, for religious ministers, for non-profit religious organizati­ons that are not doing any type of commercial activity.”

The B.C. government, which is named as the defendant, has not yet responded to the lawsuit, which contains allegation­s not tested in court.

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