| Part of a series on |
| Jehovah's Witnesses |
|---|
 |
Jehovah's Witnesses experienced religious persecution in Canada during World War II because of their evangelical fervour and objection to compulsory military service. In 1940, Jehovah's Witnesses were banned as an illegal organization under the War Measures Act . [1]
During the late 1930s, Witnesses were tried for sedition because their literature attacked the clergy and political leaders of the country. Joseph Franklin Rutherford, the second president of the Watch Tower Bible and Tract Society of Pennsylvania, was prohibited from broadcasting on Canadian radio stations. [2]
In 1940, one year following Canada's entry into World War II, the Jehovah's Witnesses denomination was banned under the War Measures Act. This ban continued until 1943. [3] During this period, some of their children were expelled from school; other children were placed in foster homes or juvenile detention and members were jailed. [4] Men who refused to enter the army were sent to work camps. Twenty-nine Witnesses were convicted and sentenced to terms averaging one year.[ citation needed ]
From 1936 to 1959, Jehovah's Witnesses faced religious and civil opposition in Quebec. Historically, the Roman Catholic Church had been the dominant institution in the life of the province of Quebec and a major influence on French Canadian culture. After World War II, the Church came under attack by the Jehovah's Witnesses who challenged its doctrines. They were determined to seek Catholic converts. In response, the Duplessis regime mounted a campaign of persecution against Jehovah's Witnesses and communists. The result was a legal struggle between the Duplessis regime and lawyers such as Frank Scott and Pierre Trudeau who argued in defence of the rights of minorities.[ citation needed ]
In 1953, the case of Saumur v Quebec (City of) (1953) 25 CR 299 (in which a Jehovah's Witness challenged a Quebec City bylaw prohibiting public distribution of literature without a permit) left the question of religious freedom undecided as: "both Parliament and the provinces could validly limit freedom of worship providing they did so in the course of legislating on some other subject which lay within their respective powers." [5]
This decision was part of a series of cases the Supreme Court dealt with concerning the rights of Jehovah's Witnesses under the Duplessis government of Quebec. Previous to this there was the case of R. v. Boucher [1951] S.C.R. 265 that upheld the right to distribute pamphlets.
Subsequent to Saumur was the case of Roncarelli v Duplessis [1959] S.C.R. 121. The court held that in 1946 Maurice Duplessis, both Premier and Attorney General of Quebec, had overstepped his authority by ordering the manager of the Liquor Commission to revoke the liquor licence of Frank Roncarelli, a Montreal restaurant owner and Jehovah's Witness who was an outspoken critic of the Roman Catholic Church in Quebec. Roncarelli provided bail for Jehovah's Witnesses arrested for distributing pamphlets attacking the Roman Catholic Church. The Supreme Court found Duplessis personally liable for $33,123.56 in damages plus Roncarelli's court costs. [6]
In several other cases, including Chaput v Romain (1955) and Lamb v Benoit (1959), Jehovah's Witnesses successfully sued the police for damages. In Chaput v. Romain, police had raided a home where a religious service by Jehovah’s Witnesses was being conducted, seized bibles and other religious paraphernalia, and disrupted the service despite not having a warrant and no charges being laid. In Lamb v. Benoit, a Jehovah's Witness, was arrested for distributing religious pamphlets in Verdun, Quebec, in 1946, along with three other members of the religion. She was accused by the plaintiff of distributing copies of Quebec's Burning Hate, but the Supreme Court found no evidence of that specific pamphlet being distributed. [7] Lamb was detained for a weekend without access to legal counsel. [8] Local authorities offered to release Lamb if she would not hold them responsible for her detention, but she refused. She was then charged with conspiracy to publish sedition, but this was dismissed by a trial judge and that decision was upheld when appealed. [7]
In order to obtain religious freedom, Jehovah's Witnesses in Canada helped promote the creation of a national bill of rights. In 1946, a provincial bill had been enacted ensuring religious freedom through the Saskatchewan Bill of Rights. [9] On June 9, 1947, Jehovah's Witnesses presented a petition to Canada's parliament for the enactment of a similar bill, followed by a similar petition in 1949. [10] John Diefenbaker became an advocate of the bill. [11] The Canadian Bill of Rights was the precursor to the Canadian Charter of Rights and Freedoms which is part of the Canadian constitution.
Jehovah's Witnesses is a nontrinitarian, millenarian, restorationist Christian denomination. As of 2023, the group reported approximately 8.6 million members involved in evangelism, with around 20.5 million attending the annual Memorial of Christ's death. The denomination is directed by a group of elders known as the Governing Body of Jehovah's Witnesses, which establishes all doctrines. Jehovah's Witnesses believe that the destruction of the present world system at Armageddon is imminent, and the establishment of God's kingdom over earth is the only solution to all of humanity's problems. The group emerged in the United States from the Bible Student movement founded in the late 1870s by Charles Taze Russell, who also co-founded Zion's Watch Tower Tract Society in 1881 to organize and print the movement's publications. A leadership dispute after Russell's death resulted in several groups breaking away, with Joseph Franklin Rutherford retaining control of the Watch Tower Society and its properties. Rutherford made significant organizational and doctrinal changes, including adoption of the name Jehovah's witnesses in 1931 to distinguish the group from other Bible Student groups and symbolize a break with the legacy of Russell's traditions.
Minersville School District v. Gobitis, 310 U.S. 586 (1940), was a decision by the Supreme Court of the United States restricting the religious rights of public school students under the First Amendment to the United States Constitution. The Court ruled that public schools could compel students—in this case, Jehovah's Witnesses—to salute the American flag and recite the Pledge of Allegiance despite the students' religious objections to these practices. This decision led to increased persecution of Witnesses in the United States. The Supreme Court overruled this decision three years later in West Virginia State Board of Education v. Barnette (1943).
The implied bill of rights is a theory in Canadian jurisprudence which proposed that as a consequence of the British North America Act, certain important civil liberties could not be abrogated by the government. The theory was never adopted in a majority decision of the Supreme Court of Canada, and was rejected by the court in 1978. The enactment and interpretation of the statutory Bill of Rights, and later the constitutional Charter of Rights and Freedoms, provided alternative formulations of the limits applicable to civil liberties.
The Act to Protect the Province Against Communistic Propaganda, commonly known as the "Padlock Law" or "Padlock Act", was a law in the province of Quebec, Canada that allowed the Attorney General of Quebec to close off access to property suspected of being used to propagate or disseminate communist propaganda. The law was introduced by the Union Nationale government of Maurice Duplessis and made it illegal to "use [a house] or allow any person to make use of it to propagate Communism or Bolshevism by any means whatsoever". This included printing, publishing or distributing of "any newspaper, periodical, pamphlet, circular, document or writing, propagating Communism or Bolshevism". Violations of the Act subjected such property to closure by the Attorney General, including the locking of access doors with padlocks, against any use whatsoever for a period of up to one year and any person found guilty of involvement in prohibited media activities could be incarcerated for three to thirteen months.
Francis Reginald Scott (1899–1985), commonly known as Frank Scott or F. R. Scott, was a lawyer, Canadian poet, intellectual, and constitutional scholar. He helped found the first Canadian social democratic party, the Co-operative Commonwealth Federation, and its successor, the New Democratic Party. He won Canada's top literary prize, the Governor General's Award, twice, once for poetry and once for non-fiction. He was married to artist Marian Dale Scott.
Ivan Cleveland Rand was a Canadian lawyer, politician, academic, and justice of the Supreme Court of Canada. He has been described as "probably the greatest judge in Canada's history".
Section 2 of the Canadian Charter of Rights and Freedoms ("Charter") is the section of the Constitution of Canada that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association.
The beliefs and practices of Jehovah's Witnesses have engendered controversy throughout their history. Consequently, the denomination has been opposed by local governments, communities, and religious groups. Many Christian denominations consider the interpretations and doctrines of Jehovah's Witnesses heretical, and some professors of religion have classified the denomination as a cult.
Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference.
Saumur v Quebec (City of) [1953] 2 S.C.R. 299 is a famous constitutional decision of the Supreme Court of Canada which struck down a municipal by-law prohibiting the distribution of literature to the public.
Roncarelli v. Duplessis, [1959] S.C.R. 121, was a landmark constitutional decision of the Supreme Court of Canada. The court held that in 1946 Maurice Duplessis, both Premier and Attorney General of Quebec, had overstepped his authority by ordering the manager of the Liquor Commission to revoke the liquor licence of Frank Roncarelli, a Montreal restaurant owner and Jehovah's Witness who was an outspoken critic of the Roman Catholic Church in Quebec. Roncarelli provided bail for Jehovah's Witnesses arrested for distributing pamphlets attacking the Roman Catholic Church. The Supreme Court found Duplessis personally liable for $33,123.56 in damages plus Roncarelli's court costs.
R v Boucher is a Supreme Court of Canada decision where the Court overturned a conviction for seditious libel on the grounds that criticizing the government was a valid form of protest.
Section 29 of the Canadian Charter of Rights and Freedoms specifically addresses rights regarding denominational schools and separate schools. Section 29 is not the source of these rights but instead reaffirms the pre-existing special rights belonging to Roman Catholics and Protestants, despite freedom of religion and religious equality under sections 2 and 15 of the Charter. Such rights may include financial support from the provincial governments. In the case Mahe v. Alberta (1990), the Supreme Court of Canada also had to reconcile denominational school rights with minority language educational rights under section 23 of the Charter.
Martin v. Struthers, 319 U.S. 141 (1943), is a United States Supreme Court case in which the Court held that a law prohibiting the distribution of handbills from door to door violated the First Amendment rights of a Jehovah's Witness, specifically their freedom of speech. The ruling was 5-4 and deemed trespassing laws a better fit for the town imposing the ordinance.
Murdock v. Pennsylvania, 319 U.S. 105 (1943), was a case in which the Supreme Court of the United States held that an ordinance requiring door-to-door salespersons ("solicitors") to purchase a license was an unconstitutional tax on religious exercise.
Human rights in Canada have come under increasing public attention and legal protection since World War II. Prior to that time, there were few legal protections for human rights. The protections which did exist focused on specific issues, rather than taking a general approach to human rights.
The Grande Noirceur refers to the regime of conservative policies undertaken by the governing body of Quebec Premier Maurice Le Noblet Duplessis from 1936 to 1939 and from 1944 to 1959.
Freedom of religion is a constitutionally protected right in Canada, allowing believers the freedom to assemble and worship without limitation or interference, but it was not always so.
Lamb v Benoit, [1959] SCR 321 was a legal case that was heard by the Supreme Court of Canada. Lamb, a Jehovah's Witness, was arrested for distributing religious pamphlets in Verdun, Quebec, in 1946, along with three other members of the religion. She was accused by the plaintiff of distributing copies of Quebec's Burning Hate, but the Supreme Court found no evidence of that specific pamphlet being distributed. Lamb was detained for a weekend without access to legal counsel. Local authorities offered to release Lamb if she would not hold them responsible for her detention, but she refused. She was then charged with conspiracy to publish sedition, but this was dismissed by a trial judge and that decision was upheld when appealed. Justice Abbott, a common law justice, concluded that the police officers had violated a Quebec statute through not acting in good faith. She was awarded $2,500 in damages. This was cited by Kent Roach, writing for the University of Toronto Law Journal, as an example that "courts were more generous in accessing damages than they are today under the Charter".