Dear Friend,
For nearly 60 years, the EFC has been a strong and constructive evangelical voice in the public square. We count it a privilege and a blessing to be called to impact our culture for Christ.
We work tirelessly to promote the application of biblical truths before our governments and in our courts. We seek to be a positive influence for the good of all Canadians on important issues of life and faith – as a reflection of our belief that we are all created in the image of God, and in obedience to the biblical commands to promote justice and righteousness (Pr. 21:3).
Court interventions are expensive and require significant resources. The EFC only decides to intervene after much consideration. But when the stakes are high and the issues are of major concern to religious freedom or involve those facing vulnerabilities, we must get involved.
Here are just a few of the upcoming court challenges that the EFC is seriously reviewing…
Protecting Exploited Persons
Canada’s current prostitution laws recognize that prostitution is a form of exploitation. The laws punish the sex buyers, pimps and traffickers with serious fines and jail times, while those who are prostituted are considered victims of exploitation and given immunity from criminal penalty. The laws target the demand for paid sex by prohibiting the purchase or attempted purchase of sex.
In March 2021, the Canadian Alliance for Sex Work Law Reform, which represents groups that work with individuals in prostitution, filed a legal challenge in Ontario. They claim that the current prostitution laws violate their Charter rights. They are arguing that because current laws restrict where and how sex workers work, they are exposed to increased harms. They are pushing for a decriminalization of the entire industry.
But prostitution is not just a matter of individual choice, and it cannot be viewed through a morally neutral lens. Prostitution violates human dignity because it is based on the assumption that men are entitled to buy and exchange women as objects for sexual gratification, and it relies on the inequality and subordination of women. Prostitution involves the exploitation of mainly young women, the majority of whom entered prostitution against their will or were forced to sell their bodies for survival. Many are vulnerable because of homelessness, poverty, broken families, history of abuse, addiction, mental illness or racialization. The culture of prostitution is one of coercion, abuse and violence – and increased demand for paid sex fuels the global problem of sex trafficking.
The EFC must support the current laws and to push for them to be upheld and enforced across the country. If we desire a society that is free from any form of exploitation, we can’t afford not to be present!
Protecting Religious Freedom
We are also closely monitoring two human rights tribunal cases involving religious freedom.
The first involves a community centre in BC that is owned and operated by a Catholic parish. The parish had denied a request from the local Pride Society to host a fundraising event in the community centre. The church’s policy states that use of its centre must be in accordance with Catholic values and said the Pride Society’s promotion and celebration of same-sex intimacy and marriage were not aligned with these values.
In June 2019, the Pride Society filed a complaint with the BC Human Rights Tribunal, citing discrimination on the basis of sexual orientation. The BC Human Rights Code does give exemptions to churches for freedom of religion, but in this case, the church was not able to get the complaint dismissed. The outcome of this hearing could impact how religious centres will be permitted to rent out their spaces to non-church groups while ensuring that their space is not being used for purposes which are contrary to the moral teachings of their faith.
The second case involves whether a government can force public servants to violate their sincerely held religious beliefs to comply with government directives and whether the government has any obligation to accommodate those beliefs. In 2004, the government of Newfoundland and Labrador forced its marriage commissioners to resign unless they agreed to perform same-sex marriages. One commissioner, Desirée Dichmont, resigned – arguing that overseeing such marriages would contradict her Christian beliefs – and also filed a complaint with the province’s Human Rights Commission (HRC), claiming religious discrimination. She argued that the government could accommodate commissioners with conscientious objections without depriving same-sex couples of the opportunity to be married by the province.
Ms. Dichmont passed away before the HRC Board dismissed her complaint in May 2017 and ruled that the provincial government had no duty to accommodate her religious beliefs. Her Estate decided to appeal the decision but, in January 2021, the NL Supreme Court ruled in favour of the HRC, agreeing the provincial government had the right to require her to resign unless she agreed to perform same-sex marriages, and was not required to accommodate her beliefs. We hope that this decision will be appealed. The final outcome of the case could impact the Charter freedoms of all public servants employed by a government.
Much is at stake in each of the court interventions we decide to be involved in. We can’t afford not to be there to ensure just laws are put and kept in place to protect those in vulnerable situations and to provide a robust defense of our Charter-protected freedoms. We have an urgent need to build up the EFC’s Legal Fund immediately! The power to effect change is in your hands. Will you donate to the EFC today?
Sincerely,
Bruce Clemenger
President