Freedom of religion the newest argument in Wal-Mart zoning battle

Robert White
Special to ChristianWeek

GUELPH, ON—When the Ontario Municipal Board (OMB) reconvenes October 19, it will have to decide if a proposed Wal-Mart development infringes the religious freedom of a nearby Catholic retreat.

The battle for Wal-Mart in Guelph has been raging for nearly seven years. A citizens' group, Residents for Sustainable Development (RSD), has tried to stop Wal-Mart from building on the northwest corner of the intersection of Highways 6 and 7 from the beginning. Joining the fray have been the Ignatius Jesuit Centre of Guelph and, at various points, the Guelph Ministerial Association.

The final phase of the Guelph OMB hearings abruptly adjourned on August 11 so lawyers could deal with an undisclosed legal issue. In early September, it was revealed that RSD lawyer Eric Gillespie had introduced the freedom of religion argument.

The main reason the religion of freedom argument was raised, says RSD spokesperson Ben Bennett, is "now we have a lawyer.

"RSD and the lawyer have had various approaches on the matter and agreed this argument would be a worthwhile approach."

Crux of the matter

The crux of the freedom of religion claim is the impact a Wal-Mart would have on the nearby Jesuit Centre. While not an official party in the OMB hearings, mainly because of the legal costs, officials from the centre have consistently opposed the development.

According to The Guelph Mercury's report of the August public hearing, Dennis Galon, the agent representing the Jesuits before the board, said the Jesuit centre is "not just another retreat centre," having played an important role in Ignatian contemplation, a prayer ritual where retreatants listen to God.

The Jesuit centre, in its written testimony to the board, said Wal-Mart is incompatible both with the centre and the neighbouring Marymount and Woodlawn cemeteries.

"One's sense of inappropriateness tends to increase when one grasps the total commercial complex that will emerge at Woodlawn/Woolwich, if Wal-Mart is approved," the Jesuits stated in their testimony. "It will encompass everything from the city limits in the north to the entire frontage on Woodlawn."

The Mercury also reported OMB spokesperson Lisa Joyce as saying "board members can hear charter arguments ‘as long as they're related to the board's jurisdiction, which is planning issues.'"

This new legal angle means if the OMB decides the freedom of religion argument is outside its purview in deciding this case, RSD may have a Charter case to take through the civil courts—where there are precedents that prove zoning issues may have a religious component.

The civil court challenge, "was always available if we didn't like the OMB decision," says Bennett. "I'd be surprised if things end here.