Dear Friend,
Churches prepare and keep confidential records and notes of deliberations on internal religious matters according to their beliefs and practices. Pastors or elders may keep notes when someone asks for spiritual advice, admits wrongdoing, or is removed from church membership, for example. These records are used to care for the spiritual well-being of the congregants as well as the church community.
The Evangelical Fellowship of Canada is intervening in a landmark court case. A negative ruling could force churches to disclose confidential internal records (e.g., pastoral counseling notes, disciplinary records, membership files, etc.) to outsiders.
A Summary of the Case
In the case of
Vabuolas v. British Columbia, the Supreme Court of Canada will be deciding whether government privacy officials can order religious groups to hand over their internal and confidential documents for external review.
This case began when two former church members in B.C. asked to see confidential church records. These records included notes of confidential discussions by the elders and their personal thoughts and responses when the former members asked to be removed from membership. The two churches and their elders refused to release these documents.
After being denied access, the former church members contacted B.C.’s Information and Privacy Commissioner (IPC). An IPC adjudicator ordered the congregations to give her the records to review under B.C.'s Personal Information Protection Act (PIPA). She would then determine whether the disputed records count as “confidential religious communication.”
[Privacy laws in Canada often do not apply to non-profit groups if they do not engage in commercial activities. But B.C.’s privacy laws only exempt information collected exclusively for personal or domestic use; or for artistic, literary or journalistic purposes. There is no exemption for information held exclusively for religious purposes.]
The elders and the congregations refused to give the documents to the adjudicator and challenged the IPC’s order in court. They argued that the documents contain confidential religious notes associated with pastoral care. Disclosing them would interfere with their religious beliefs and practices and violate their religious freedom rights protected by the
Charter.
Both the B.C. Supreme Court and the B.C. Court of Appeal have supported the privacy commissioner’s order to hand over the documents. If the Supreme Court of Canada agrees with those rulings, churches and places of worship may no longer be able to keep their internal records private by identifying them as “confidential religious communication.”
A Matter of Religious Freedom
Freedom of religion is protected by the Canadian
Charter. This means faith communities can define their own identity, theology, and moral values, as well as manage their own religious activities, including membership matters. The state shouldn’t be able to force the disclosure of spiritual reflections on purely religious matters.
Church leaders have the duty and responsibility to protect the confidentiality of internal proceedings and spiritual deliberations. This protects the privacy of everyone involved, including current and former members. Forcing pastors or elders to hand over confidential religious notes would violate their religious freedom rights. As well, it could have a chilling effect on religious discussions and record-keeping practices. Pastors and elders will be less willing to write sincere notes or to honestly share their spiritual insights or prayerful thoughts.
Courts usually try not to get involved in purely religious matters. They generally refuse to review internal church discipline or membership decisions because they cannot (and should not) interpret or rule on theological matters. Clearly, this approach should also apply to the secular offices of privacy commissioners. This means faith communities should be exempt from privacy laws in exclusively religious matters.
The EFC will be intervening jointly with the Canadian Centre for Christian Charities in this case to defend the religious freedom of faith communities. Faith communities must retain the right to determine their own religious identity, including the freedom to conduct internal deliberations and maintain confidential records of a spiritual nature, with no interference from civil authorities and the courts.
There is much at stake.
Will you support our efforts with your prayers and with a gift of support today? As always, we are very grateful for your partnership.
Sincerely,
Dr. David Guretzki
President & CEO