On November 2, the Supreme Court of Canada was asked to do something Canadian courts never do: review the solely religious decision of a church community. Courts rarely review decisions of “private actors” (such as a church); they generally do so only if a private actor’s decision engages property or civil rights. The lower courts both held that religious decisions can be reviewed by courts to determine whether a church gave a fair hearing, even if no property or contractual rights were engaged. However, courts have historically avoided getting involved in religious cases, recognizing that they lack the expertise and authority to settle religious disagreements. That exchange suggested the court was not persuaded that it is time to change the law to allow courts to get tangled up in reviewing decisions of religious bodies.

Source: National Post November 09, 2017 13:52 UTC