An appeal by the Jehovah’s Witnesses in Grand Forks over holding the personal information of two former congregation members has been dismissed and is being hailed as a victory for the privacy rights of individuals.
The B.C. Court of Appeal ruled unanimously on March 21, that B.C.'s Personal Information Protection Act (PIPA) did not infringe on the religious freedom rights of two congregations of the Jehovah's Witnesses.
The case started in June 2022, when two former Jehovah's Witnesses requested access to their personal information under the control of the Grand Forks and Coldstream congregations. The congregations and their elders have fought to keep certain information, arguing disclosing these records would violate their Charter right of religious freedom.
According to the judgment authored by Justice Karen Horsman, PIPA does not violate the Charter of Rights and Freedoms. The B.C. Court of Appeal rejected the Jehovah's Witness claim that a blanket exemption is constitutionally required for all information collected for a religious purpose.
The Court of Appeal upheld a chamber's judge ruling to compel the Jehovah’s Witnesses to produce the records, citing that the Privacy Commissioner and adjudicator can decide constitutional claims on a case-by-case basis.
“The appellants submit, in essence, that the adjudicator ought to have taken at face value their assertions that disclosure of the disputed records would constitute an unjustified infringement of the charter,” the ruling reads. “Such an approach does not involve a balancing of charter protections with statutory objectives but rather accords priority in every case to an organization’s assertion that a production order would unjustifiably infringe charter rights. It is tantamount to the type of categorical exemption from the legislation that I have already concluded is not constitutionally required.”
An adjudicator for the privacy commissioner and a chambers' judge in a lower level of court both largely ruled against the congregations, leading to the most recent appeal.
With the latest appeal, the BC Humanist Association joined as an intervener to advocate for the privacy rights of former religious adherents, particularly those who left high-demand religious groups.
In a news release issued after the decision was published, the association stated they argued privacy and religious rights are for individuals, not incorporated organizations and that privacy laws address the inherent power imbalance between organizations and individuals.
"This is a good decision that recognizes the importance of every British Columbian's privacy rights," said Ian Bushfield, executive director of the BC Humanist Association. "Our concern has always been the protection of vulnerable individuals who may face significant consequences when their personal information is shared without their consent, especially within the context of religious discipline."
The Jehova’s Witnesses could take an appeal to the Supreme Court of Canada. If they do not, they will have to disclose the disputed records to the Privacy Commissioner for review to decide what information can be released to the former Jehovah’s Witness congregation applicants.
