Supreme Court hears Vriend appeal
"Watershed case" affects religious groups
By ChristianWeek staff
OTTAWA–The Supreme Court of Canada once again addressed the issues of sexual orientation and human rights legislation when it heard arguments in the case of Delwin Vriend on November 4 and 5.
Vriend, 31, is a former instructor at The King’s University College, a Christian liberal arts institution in Edmonton. Back in 1991 he was dismissed from his position because he refused to adhere to the college’s statement of sexual activities, which is consistent with its statement of faith.
The case has wound a tortuous path through the legal process, and the Supreme Court is now being asked to declare that the Alberta government’s refusal to add "sexual orientation" to the province’s human rights legislation is unconstitutional.
Vriend’s case is attracting a lot of attention; 11 groups have been granted intervenor status. Those arguing on behalf of Vriend’s appeal include the Alberta Civil Liberties Association, the Canadian Jewish Congress and the United Church of Canada.
Those supporting the Alberta government include the Ontario government and various religious organizations, including the Evangelical Fellowship of Canada (EFC) and Focus on the Family.
The EFC is asking the court to allow legislatures, not courts or tribunals, to decide whether "sexual orientation" should be included in provincial human rights legislation.
"This is a watershed case," says EFC legal counsel Gerry Chipeur. "It will determine whether the courts will go beyond their function as protectors of constitutional rights and become legislators creating social policy when competing interests must be balanced."
And the case raises even deeper questions for religious organizations. "Should the court rule in favor of Vriend," says Chipeur, "there could be serious ramifications for the right of religious organizations to require employees to adhere to moral standards based on the organization’s religious beliefs."
A decision is expected in 1998.
