Supreme Court of Canada to look at request for religious records through B.C. law

The Supreme Court of Canada has agreed to hear a case about applications for access to personal information held by Jehovah's Witnesses congregations.

The congregations withheld information from two former members who applied under B.C.'s Personal Information Protection Act for records about themselves, on the basis it was confidential religious communication.

After mediation failed, an adjudicator was assigned to look into the case on behalf of the B.C. information and privacy commissioner.

The congregations argued that disclosing the disputed records, even to an adjudicator, would amount to a violation of their elders' Charter rights. 

The adjudicator found elements of the B.C. information protection law infringed the constitutional guarantee of freedom of religion, but concluded the breach was justified under Section 1 of the Charter.

The adjudicator ordered that the information be disclosed to her so she could determine whether it had been properly withheld from the requesters.

Picture Courtesy: THE CANADIAN PRESS/Sean Kilpatrick