Legal Cases

05 Sep 2017 Supreme Court Appearances

ARPA's Director of Law and Policy, André Schutten ARPA has two appearances coming before the Supreme Court of Canada between now and the end of the year. Late last month, we were granted formal "intervenor status" in what is known as the "Wall case". This case involves a Jehovah's Witness congregation in Alberta that dis-fellowshipped - essentially excommunicated - one of its members. ARPA's Director of Law and Policy, André Schutten, says the case sets boundaries around the authority of the state when it comes to church matters. André says the...

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30 Aug 2017 ARPA at the Supreme Court: Trinity Western University

UPDATE: Read the written arguments ARPA Canada submitted to the Supreme Court on September 5 here. The Supreme Court of Canada will hear the cases between Trinity Western University and the law societies of British Columbia and Ontario on November 30th and December 1st. ARPA Canada will intervene as it has done at many of the lower courts. History of the Case The law societies in British Columbia and Ontario refused to accept graduates from the proposed law school because of Trinity Western’s Community Covenant which requires students to refrain from sexual intimacy...

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29 Aug 2017 ARPA at the Supreme Court: Wall v Jehovah’s Witnesses Congregation

ARPA Canada will intervene in Judicial Committee of the Highwood Congregation of Jehovah's Witnesses et al v Randy Wall at the Supreme Court of Canada on November 2. UPDATE (Oct 4/17): see our written submissions to the Supreme Court here and our oral arguments here . Background of the Case Randy Wall was expelled – or disfellowshipped – from the Highwood Congregation of Jehovah’s Witnesses in 2014. The expulsion originated out of two instances of drunkenness and verbal abuse of his wife after which he failed to demonstrate repentance. As a result, Wall experienced a loss of...

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22 Aug 2017 List of TWU Intervenors Has Changed

The Chief Justice of the Supreme Court of Canada made an unprecedented decision late last month on who will be allowed to intervene before the court in a high profile case involving educational rights. The issue centres on the Trinity Western case; the Court has agreed to hear two conflicting appeals on whether the Langley-based Christian university should be allowed to open a law school. One of the Justices on the court, Richard Wagner, had been tasked with deciding which groups would be given intervenor status in the case. On July...

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27 Jun 2017 ARPA and the Trinity Western University case

ARPA has completed the paperwork required to ask the Supreme Court for “intervenor status” in the Trinity Western case. Trinity Western is the BC University that’s being challenged in its efforts to set up a law school. Several provincial law societies have tried to say that graduates of the proposed law school shouldn’t be allowed to practice in their jurisdictions because of the school’s so-called “community covenant”,in which students and faculty commit to only engage in sexual activity within the context of heterosexual marriage. The claim is that the policy...

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20 Jun 2017 Doctors sue Ontario government to defend the right to refuse to kill their own patients

Albertos Polizogopoulos, lawyer A three-judge panel of the Ontario Superior Court is now weighing the evidence and legal arguments on whether doctors in that province are entitled to conscience protection when it comes to issues such as euthanasia. The College of Physicians and Surgeons of Ontario adopted a policy last year requiring all doctors to, at very least, make a so-called "effective referral" for patients who express a desire for doctor-assisted suicide. Lawyer Albertos Polizogopoulos represented 5 doctors and several doctors’ groups that are trying to have that policy overturned. He...

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13 Jun 2017 ARPA Canada wins abortion censorship case

Pro-life blogger, Patricia Maloney A big win for ARPA in a legal battle over abortion statistics, and who should have access to them. A judge has struck down a section of Ontario's Freedom of Information and Protection of Privacy Act which bars the release of that information. The ruling came down late Friday afternoon. ARPA's Director of Law and Policy, André Schutten, says the ruling found that the Ontario government was “wrong” and in violation of the Charter of Rights and Freedoms when they passed an absolute ban on accessing information...

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13 Jun 2017 LN Feature: Doctors – Moral Agents or “Technicians”?

- Bruce Clemenger, President, Evangetlical Fellowship of Canada There's an important court hearing starting in Ontario today. It involves the conscience rights of doctors; the notion that they should not be compelled to do things that run against their moral or religious beliefs. The regulatory body that governs the medical profession in Ontario has a policy that essentially takes away the freedom of doctors to apply their moral standards to certain medical procedures; specifically, euthanasia. That policy is being challenged in court. The Evangelical Fellowship of Canada is part of the...

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23 May 2017 LN Feature: Confusing the roles of Church and State

ARPA Canada lawyer, John Sikkema The Supreme Court of Canada has agreed to hear a case that has profound implications for the legal relationship between Church and State. It involves church discipline and centres on the question of whether someone who has been disciplined by a church can appeal that discipline in the secular court system. ARPA is looking at filing for intervenor status in this case and lawyer John Sikkema is busy this week studying what it would take to file that application. LN: So give me some background on this case. I...

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25 Apr 2017 The Easter bunny goes to court

Lawyer John Carpay for the Justice Centre for Constitutional Freedoms The Children's Aid Society of Hamilton is being taken to court over a decision to remove two young children from a foster home. The decision to remove those children was allegedly made because the foster parents refused to pro-actively affirm the notion that the Easter Bunny is real. John Carpay from the Justice Centre for Constitutional Freedoms is taking on the case. “What’s important here is that if you’ve got foster parents who are providing a loving, caring home, and the kids...

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