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THE BROCKIE CASE - Statement by the Evangelical
Fellowship of Canada
A newly-formed legal intervention alliance, known as The Canadian
Religious Freedom Alliance (made up of The Evangelical Fellowship
of Canada and The Catholic Civil Rights League), has been granted
intervenor status in the Brockie case.
On February 24, 2000, a Board of Inquiry under
the Ontario Human Rights Code found that the rights of Ray Brillinger
and the Canadian Lesbian and Gay Archives (of which Mr. Brillinger
was current vice president) had been infringed by Scott Brockie
when he refused to provide them with a printing service. Mr. Brockie
testified that "he endeavours to live his life according to
biblical principles" and that "providing printing services
to lesbian and gay organizations was in direct opposition to his
beliefs."
The Board found that Brockie discriminated against
the complainants on the ground of sexual orientation for which Brockie
was ordered to pay damages in the amount of $5,000.00, notwithstanding
acceptance by the Board that Brockie's beliefs were sincerely held.
The Board went on to say that "it is reasonable to limit Brockie's
freedom of religion in order to prevent the very real harm to members
of the lesbian and gay community..." and that "Brockie
remains free to hold his religious belief and practice them in
his home and in his Christian community".
The application for intervention by the Canadian
Religious Freedom Alliance was successfully argued before the Ontario
Divisional Court on May 23. The appeal is tentatively scheduled
for hearing on November 29 and 30. Represented by CLF member, David
M. Brown of Stikeman Elliott, the Alliance will argue among other
things that:
"The freedom of conscience and religion
guaranteed by section 2 of the Canadian Charter of Rights and Freedoms
includes the freedom to refuse to provide services to a cause or
activity to which an individual objects on bona fide conscientious
or religious grounds. The obligations imposed by section 1 of the
Ontario Human Rights Code (the "Code") must be read in
light of such a constitutional freedom; and
If left undisturbed, the decision of the Board
of Inquiry would eliminate, for all intents and purposes, the
practical ability of any person who provides services to the public
to refuse to service a cause or activity to which he or she objects
on bona fide conscientious or religious grounds..."
The Evangelical Fellowship of Canada believes this case has significant
implications for our profession and all those who choose to act out
their faith in mainstream society. Jesus used images such as salt,
light, leaven and seeds to describe His kingdom's effect on the world.
His gospel is intended to transform not only persons but also institutions
and the value structures that undergird society. Jesus has sent us
into the world to have influence. Jesus not only affects one's private
life but one's public life as well.
To limit a Christian's beliefs as the Board did
above to be practiced "in his home and in his Christian community"
is to deny the principle that underpins the gospel message, "Go
into all the world and preach the gospel to every creature"
(Mark 16:15; excerpts from The Word in Life Study Bible).
Comment by REAL Women:
Until this contentious issue is settled, Christians
continue to be at risk, when living out their faith in the public
square.
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