The support of the Legal Defence Fund enables CCCC to intervene in legal cases that involve or affect our members. An intervener does not take sides, but rather shares an expert perspective to help the court understand the potential impact of its decision. Intervening allows CCCC to represent the interests of our members before the courts.
Recent Cases:
- The Aga case concerned the ability of a church to deal with internal theological disputes without fearing court oversight. The case was appealed to the Supreme Court of Canada (SCC) after the Ontario Supreme Court ruled that membership constituted a legal contract with tithes being equated to “consideration.” CCCC filed a written submission to argue that tithes given to a church are not out of a legal obligation and do not create a contract between the donor and the church. Instead, giving flows from religious worship. The SCC rejected the Ontario Court of Appeal's decision. The SCC held that there was no evidence of a legal contract, that theological issues are not reviewable by courts, and that voluntary associations can have rules in their pursuit of shared goals without creating legally binding contractual relationships. For more, see our blog post, Why the Supreme Court got it right in extending the Wall.
- The BCM case involved the Canada Summer Jobs issue, in which the government required agreement with partisan values on sexuality and abortion in order to receive funding. Having advocated for Christian charities on this topic since the controversy began in 2018, the Legal Affairs team applied jointly to intervene in the case. Although CCCC’s application was not accepted by the Federal Court, one of our co-applicants was granted leave to submit a written brief and we were pleased that our shared concerns were still brought before the court. The Court decided in BCM's favour based on procedural issues, so the constitutional issues were not decided. However, the judgment gives a clear and stern warning that the government must respect the Charter rights of CSJ applicants. For more, see our blog post A win for religious organizations challenging Canada Summer Job rejections.
- The Trinity Western University cases from 2014 to 2018 involved the Christian university's bid to open a law school. Three provincial law societies opposed the school based on its "Community Covenant Agreement" which defined marriage as the union of one man and one woman. CCCC intervened in British Columbia, Ontario, and Nova Scotia, and before the Supreme Court of Canada (SCC). Ultimately, the SCC upheld the decision of the law societies to deny accreditation.
- The Wall case (2018) involved judicial review of a church's decision on membership. The SCC recognized that the courts did not have jurisdiction to interfere in internal, theological church matters.
- In Loyola High School (2015), the Catholic school sought the freedom to teach Catholicism from a religious (rather than neutral) perspective. The court held that the school should be permitted to teach the provincial curriculum in accordance with its religious beliefs.
