CLF Interventions
At the Christian Legal Fellowship (CLF), we believe that Christ calls us to use our professional skills to seek and restore justice to the nation.
Where legal intervention is warranted, consistent with our mandate, and subject to available resources, CLF may apply to a court to intervene and make legal arguments and submissions. In recent years, CLF has been granted intervenor status by the Supreme Court of Canada and appellate courts in over a dozen cases affecting freedom of religion, conscience and speech, as well as life and family. In so doing, CLF has sought to communicate its position in a spirit of love and to demonstrate the principle that every individual is created in the image of God and therefore possesses a special dignity.
Where possible, the CLF also makes educational submissions before provincial, national, and international bodies when they consider legislation in these areas.
A few of our current interventions are included below. For past cases, parliamentary submissions or other information, members are invited to contact us or check the
Private Members page.
CURRENT CASES
Carter et al v. Attorney General of Canada
(BC Supreme Court, Vancouver Registry No. S112688)
In November 2011, the British Columbia Supreme Court will be asked to strike down the Criminal Code provisions against euthanasia and assisted suicide, revisiting a 1993 judgment by the Supreme Court of Canada in R. v. Rodriguez. Presented another way, the Court will be asked to determine whether physicians have the right to kill their patients under section 7 of the Charter of Rights and Freedoms. Does the right to life in section 7 include the right to inflict death? The plaintiffs in the case include the BC Civil Liberties Association; a couple who travelled to Switzerland to assist in killing a family member; a woman with the terminal illness ALS; and a doctor who desires to assist in suicides. The matter has been fast-tracked; it is scheduled to begin on November 14, 2011 and to continue for approximately four weeks. The CBC network has applied to the Court for the right to televise the trial. Madam Justice Lynn Smith, of the British Columbia Supreme Court, will preside at the trial and is expected to hear voluminous evidence from witnesses for the plaintiffs and the Attorneys General for Canada and British Columbia.
Click here to read CLF Written Arguments December 10, 2011
Click here to read CLF Press Release October 31, 2011
Click here to read CLF Press Release December 13, 2011
The Saskatchewan Human Rights Commission and William Whatcott
Ten years ago, William Whatcott distributed flyers on the topic of same-sex behaviour. Individuals who received the flyers filed a complaint against him on the basis of hate speech. The Plaintiffs were successful before the Saskatchewan Human Rights Commission; however, the SK Court of Appeal found his statements were protected under the Charter provisions on free expression. The decision was appealed by the SK Human Rights Commission to the Supreme Court of Canada, which will hear the matter on October 12, 2011. In June, CLF’s motion to intervene was granted; CLF plans to argue for the protection of religious speech. The Attorney General of Canada was also granted the right to intervene yet subsequently withdrew and will not take part.
CLF’s Factum, which was filed on August 12, commences: Religious speech is fundamental to the core values underlying our democratic system. It augments public discourse and reinforces liberalism. The Saskatchewan Human Rights Code's prohibition on hate speech is overbroad and disproportionate to the legislation's objective of eliminating discrimination. It unfairly catches all religious speech. CLF does not intervene to support the respondent's case on its merits. But CLF does support his freedom of expression. By its nature, religious speech sometimes engages controversial topics. The impugned law chills this legitimate public debate, and undermines our democratic ideals.
(For more information and to access our legal materials in this and other cases, please consider joining CLF.)
Quebec Schools' Ethics and Religious Culture Curriculum Case - S.L. v. Commission scolaire des Chênes
This case is concerned with the freedom of conscience and religion of parents who wish to pass on their religious convictions to their children. Freedom of religion includes the right to teach one’s religion. The parents in this case (the appellants) requested, and were denied, the right to have their children exempted from participation in the mandatory Ethics and Religious Culture (ERC) Curriculum. The Appellants contend that the right to teach one’s religion must begin with their children. It is part of their duty as believing parents to pass on their religion to their children without interference from the State. The Appellants rely on s.3 of the Quebec Charter and on s.2(a) of the Canadian Charter. Both of these sections identify freedom of conscience and religion as fundamental freedoms which are considered to be of primary importance. CLF has been granted intervenor status to make submissions to the Supreme Court of Canada in this significant parental rights/religious freedom case on May 18, 2011.
Supreme Court of Canada:
CLF Factum
Lower Court Decisions:
Court of Appeal of Quebec
(Feb. 24.10)
Quebec Superior Court
(Aug. 31.09)
Polygamy Reference Re: Section 293 of the Criminal Code
The B.C. Supreme Court has granted intervener status to the Christian Legal Fellowship (CLF) in the upcoming polygamy reference. Through the Reference, the Court will determine whether Section 293 of the Criminal Code is consistent with The Charter of Rights and Freedoms and, if so, how the Section should be applied. CLF is presenting evidence of the harmful consequences of polygamy and is asking the Court to uphold Parliament’s authority to enact criminal laws that protect women and children from the practice of polygamy while carefully preserving religious freedom.
CLF Opening Statement
Affidavit of Timothy Dunfield
Affidavit of Shoshana Grossbard
Press Release - Case Begins Today (Nov 22, 2010)
Press Release - CLF Expert Witness: Polygamy Negatively Affects Women
(Dec 6, 2010)
Closing Submissions of AGC
CLF Reply
CLF Closing Submissions
AGBC Closing Submissions
Decision of BC Supreme Court (Nov. 23, 2011)
Press Release: No Such Thing as Good Polygamy (Nov. 23, 2011)
To access a number of additional documents associated with the Reference, click here
Prostitution Challenge -Bedford v. A.G.
In October 2009, Christian Legal Fellowship (CLF) presented arguments in support of the nation’s prostitution laws immediately after the Ontario Court of Appeal granted intervenor status. Three sex-trade workers appeared before the Ontario Superior Court to challenge the Criminal Code provisions dealing with prostitution on the grounds that the laws violate their Charter rights. On September 28, 2010, Justice Himel issued her decision striking down the impugned provisions. On December 2, 2010, Justice Marc Rosenberg of the Ontario Court of Appeal stayed Justice Himel’s decision until April 29, 2011 or until the appeal is heard, whichever is earlier. The Ontario Court of Appeal will hear arguments advanced by the appellants the week of June 13, and CLF expects to make its submissions on June 17.
Order of Justice Susan Himel Striking Down Criminal Code Provisions
(September 28.10)
Order of Justice Marc Rosenberg Staying Justice Himel’s Decision (December 2.10)
Appeal
Order for directions on appeal
Court of Appeal Intervention Order
Court of Appeal Press Release (March 18.11)
CLF Intervention Factum - Bedford Court of Appeal
