Jehovah's Witnesses challenge privacy law
Charity argues it violates religious freedoms
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 When they had withdrawn as Jehovah's Witnesses, the congregations had set up committees of three elders to provide the former congregants with any possible spiritual assistance and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.