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Canadian Court Rules in Favor of Christian School
On January 17, 2019, Redeemer University, a Christian Liberal Arts College, located in Hamilton, Ontario, made an application for funding for just over 100,000.00 under the Canada Summer Jobs (CSJ) program. Redeemer had applied for grants under the program from 2006 to 2017 and were awarded a grant every year. Redeemer‘s 2019 application requested funds for the creation of 11 jobs, which included water monitoring assistants for two local creeks, a community garden coordinator, a community garden food bank liaison, as well as library, maintenance, security and custodial positions.
During 2019 the Canadian government changed the CSJ program so that funding would not be received by institutions which "undermine or restrict the exercise of rights legally protected in Canada." Applicants also had to specify how they would provide "a safe, inclusive, and healthy work environment free of harassment and discrimination." The pertinent legislation stated that “ineligible projects and job activities include those that restrict access to programs, services, or employment, or otherwise discriminate, contrary to applicable laws, on the basis of prohibited grounds, including sex, genetic characteristics, religion, race, national or ethnic origin, colour, mental or physical disability, sexual orientation, or gender identity or expression.”
Government bureaucrats overseeing the application process red flagged Redeemer’s application. They requested information to demonstrate Redeemer would not discriminate, contrary to applicable laws, on the basis of prohibited grounds, including sex, genetic characteristics, religion, race, national or ethnic origin, colour, mental or physical disability, sexual orientation, or gender identity or expression.”
The request for clarification was based on the bureaucrats’ social media search on the college. The school’s standards code required students to abide by Biblically based standards with regard the expression of human sexuality, specifically, only within the bonds of marriage between a man a woman.
In response, Redeemer submitted two documents: (1) the school’s manual on Policies and Procedures Regarding Harassment and Discrimination and (2) its Health and Safety training manual.
On May 2, 2019, CSJ issued its decision on Redeemer University’s application. Redeemer was deemed ineligible for a grant because it did not demonstrate that measures have been implemented to provide a workplace free of harassment and discrimination.
Redeemer filed a lawsuit requesting the government’s decision be reviewed on the grounds that: (1) the government violated their procedural duty to treat each application with procedural fairness; and (2) the decision violated Redeemer’s Charter rights and freedoms, most notably the freedom of religion.
The Federal Court hearing the case rendered its verdict based on procedural grounds only. The court ruled that the government’s behavior amounted to procedural unfairness. The court held that the government had asked for additional information on policies and procedures, while concealing the fact that they had done a cursory search of the internet and found evidence that the school stood for the Biblical understanding of marriage and viewed homosexual behavior as contrary to God’s desire for the expression of human sexuality. Furthermore, the government made this decision despite the fact that the school had ever discriminated against LGBTQ people. The court revealed that Redeemer’s application stated that the employment of LGBTQ youth was a targeted goal. The court held that the government did not give Redeemer an opportunity to demonstrate how its deeply held beliefs did not result in discriminatory practices. The court concluded that: “Sending the letter was simply going through the motions to appear to be fair, not an exercise in fairness itself.”
The court did not rule on the Charter issues. The court relied in precedent in other cases. This line of cases held that if a matter could be resolved on procedural grounds, the court stopped there. However, the court warned the government. Judge Mosley declared:
“I agree with the Respondent [the Government of Canada] that the Court should avoid making pronouncements on Charter questions if it is not necessary to resolve an application for judicial review. The Respondent should take no comfort from this conclusion. There is no evidence in the limited record of the decision-making process that the Respondent made any overt attempt to consider Redeemer’s rights to freedom of religion, freedom of expression or freedom of association in considering its application. Should it be established in another case that officials discriminated in administering funding programs against faith-based institutions because of the sincerely held religious beliefs of their community, a finding of a Charter violation may well result. Such institutions must be treated not just with procedural fairness but also with respect for their Charter-protected rights.”
Thank God for Judge Mosely. It was impossible for a grant to be awarded under the CSJ program. However, the judge awarded Redeemer over $100,000.00 for their legal fees. This is a small victory for Canadian Christians. However, the government has been pushed back and judicially slapped on the wrist. This decision gives some hope.
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