R v Church of Scientology of Toronto

Last updated

The Queen v. Church of Scientology of Toronto was a 1992 Canadian criminal case involving the Church of Scientology and members of the organization. It also involved previously untested sections of Canadian Charter of Rights and Freedoms.[ citation needed ]

Church of Scientology Organization devoted to the practice and the promotion of the Scientology belief system

The Church of Scientology is a group of interconnected corporate entities and other organizations devoted to the practice, administration and dissemination of Scientology, a new religious movement. The movement has been the subject of a number of controversies, and the church has been described by government inquiries, international parliamentary bodies, law lords, and numerous superior court judgements as both a cult and a manipulative commercial enterprise. In some countries, it has attained legal recognition as a religion.

The Canadian Charter of Rights and Freedoms, in Canada often simply called the Charter, is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all areas and levels of the government. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was signed into law by Queen Elizabeth II of Canada on April 17, 1982, along with the rest of the Act.

Contents

Preceding

An investigation into the Church of Scientology's activities in Ontario was begun when stolen documents from public and private agencies as well as information on other covert activities in Canada turned up as part of the evidence collected in the Operation Snow White case in the U.S. [1] [2]

Operation Snow White Criminal conspiracy by the Church of Scientology

Operation Snow White was a criminal conspiracy by the Church of Scientology during the 1970s to purge unfavorable records about Scientology and its founder, L. Ron Hubbard. This project included a series of infiltrations into and thefts from 136 government agencies, foreign embassies and consulates, as well as private organizations critical of Scientology, carried out by Church members in more than 30 countries. It was one of the largest infiltrations of the United States government in history, with up to 5,000 covert agents. This operation also exposed the Scientology plot 'Operation Freakout', because Operation Snow White was the case that initiated the U.S. government's investigation of the Church.

On March 3–4, 1983, police raided the Scientology headquarters in Toronto and seized an estimated 250,000 documents in more than 900 boxes. [3]

Trial

The trial began on April 23, 1991. [3]

It was during this case that the events that sparked the case of Hill v. Church of Scientology of Toronto occurred.

Results

On June 25, 1992, seven members were convicted for operations against the Ontario Provincial Police, the Ontario Ministry of the Attorney General and the Royal Canadian Mounted Police (RCMP). The Church of Scientology itself was convicted on two counts of breach of the public trust: infiltration of the offices of the Ontario Provincial Police and the Ontario Ministry of the Attorney General. The Church of Scientology was ordered to pay a $250,000 fine. [4] The Church of Scientology became the only Canadian religious organization to be convicted for breaching the public trust (the term 'religious organization' being used loosely; the Church of Scientology is not officially recognised by the Canadian Government as a religion [ clarification needed ]).

Ontario Provincial Police Provincial law enforcement agency for Ontario, Canada

The Ontario Provincial Police (OPP) is the provincial police service for the province of Ontario, Canada. In the late 1940s, policing functions were reorganized in Ontario, with the OPP given responsibility for all law enforcement in the province outside areas covered by municipal police forces, together with overall authority for law enforcement on the King's Highways, enforcement of the provincial liquor laws, aiding the local police and maintaining a criminal investigation branch.

Attorney General of Ontario

The Attorney General of Ontario is the chief legal adviser to Her Majesty the Queen in Right of Ontario and, by extension, the Government of Ontario. The Attorney General is a senior member of the Executive Council of Ontario and oversees the Ministry of the Attorney General – the department responsible for the oversight of the justice system in the province of Ontario. The Attorney General is an elected Member of Provincial Parliament who is appointed by the Lieutenant Governor of Ontario on the constitutional advice of the Premier of Ontario.

Royal Canadian Mounted Police mounted police force in Canada

The Royal Canadian Mounted Police is the federal and national police force of Canada. The RCMP provides law enforcement at the federal level. It also provides provincial policing in eight of Canada's provinces and local policing on contract basis in the three territories and more than 150 municipalities, 600 aboriginal communities, and three international airports. The RCMP does not provide active provincial or municipal policing in Ontario or Quebec. However, all members of the RCMP have jurisdiction as a peace officer in all parts of Canada, including Ontario and Quebec.

Appeal

The case was appealed in 1996 before the Court of Appeal for Ontario by the Church of Scientology and one of the individual defendants, Jacqueline Matz. The appellants advanced numerous grounds of appeal, some of which were abandoned at the hearing, and the remainder of which were rejected by the Court. [4]

The Court of Appeal for Ontario is an appellate court in Ontario that is based at historic Osgoode Hall in downtown Toronto.

See also

Related Research Articles

The Church of Scientology has been involved in court disputes in several countries. In some cases, when the Church has initiated the dispute, questions have been raised as to its motives. The Church says that its use of the legal system is necessary to protect its intellectual property and its right to freedom of religion. Critics say that most of the Church's claims are designed to harass Suppressive Persons, people who impede the progress of the Scientology movement.

Cult Awareness Network former organization created by deprogrammer Ted Patrick

The Cult Awareness Network (CAN) was an organization created by deprogrammer Ted Patrick that provided information on groups that it considered to be cults, as well as support and referrals to deprogrammers. It was founded in the wake of the November 18, 1978 deaths of members of the group Peoples Temple and assassination of Congressman Leo J. Ryan in Jonestown, Guyana, and was shut down in 1996. Its name and assets were later bought by a group of private donors in bankruptcy proceedings; with the transfer of ownership, the organization was renamed the New Cult Awareness Network.

<i>Hill v Church of Scientology of Toronto</i>

Hill v Church of Scientology of Toronto February 20, 1995- July 20, 1995. 2 S.C.R. 1130 was a libel case against the Church of Scientology, in which the Supreme Court of Canada interpreted Ontario's libel law in relation to the Canadian Charter of Rights and Freedoms.

Nationalist Party of Canada

The Nationalist Party of Canada is an unregistered Canadian political party that was founded in 1977 by Don Andrews, who continues as leader of the party. The purported goals of the party are "the promotion and maintenance of European Heritage and Culture in Canada".

Clayton Charles Ruby, is a Canadian lawyer and activist, specializing in constitutional and criminal law and civil rights.

Donald Marshall Jr. was a Mi'kmaq man who was wrongly convicted of murder. The case inspired a number of questions about the fairness of the Canadian justice system, especially given that Marshall was Aboriginal; as the Canadian Broadcasting Corporation put it, "The name Donald Marshall is almost synonymous with 'wrongful conviction' and the fight for native justice in Canada." The case inspired the Michael Harris book, Justice Denied: The Law Versus Donald Marshall and the subsequent film Justice Denied. His father, Donald Marshall Sr., was grand chief of the Mi'kmaq Nation at the time.

Paul Cosgrove Canadian politician

Paul James Cosgrove,, is a former Canadian jurist as well as a former politician.

Patricia "Patti" Starr is a former administrator and novelist. She was the chair of Ontario Place from 1986 to 1989. In 1989 she was implicated in a political scandal that resulted in her being convicted of fraud and breach of trust for which she spent two months in jail. In 1996 she received a full pardon. Since then she has written a book about the affair entitled, Tempting Fate: A cautionary tale of power and politics and has also written two novels. She now works as a researcher and a 'fact checker'.

Innocence Canada organization

Innocence Canada, formerly known as the Association in Defence of the Wrongly Convicted (AIDWYC), is a Canadian, non-profit legal organization. Based in Toronto, Innocence Canada identifies, advocates for, and helps exonerate individuals who have been convicted of a serious crime which they did not commit and to preventing future wrongful convictions through education and justice system reform.

Grenville Christian College is a former Anglican Diocese of Ontario affiliated private boarding school located in the rural community of Maitland, some 8 km (5 mi) northeast of Brockville, Ontario, on the bank of the St. Lawrence River.

This is a Timeline Of Scientology, particularly its foundation and development by author L. Ron Hubbard.

Scientology in the United Kingdom is practised mainly within the Church of Scientology and its related groups which go under names including "Hubbard Academy of Personal Independence" and "Dianetics and Scientology Life Improvement Centre". The national headquarters, and former global headquarters, is Saint Hill Manor at East Grinstead, which for seven years was the home of L. Ron Hubbard, the pulp fiction author who created Scientology. Church-connected groups promoting aspects of L. Ron Hubbard's teaching, including Narconon and CCHR, have also been active in the UK, in some cases with charitable status. There have also been groups practising Scientology independently of the Church.

Scientology in France

The Church of Scientology of France is organized as a group of secular nonprofit organizations. France is a secular state, which protects the rights of citizens to practice their religion. Although citizens can form religious associations based on the 1905 French law on the Separation of the Churches and the State, which grants certain benefits, the Church of Scientology of France is instead organized into secular associations based on a 1901 law regarding nonprofit groups.

Scientology in Canada has encountered difficulties in obtaining status as a tax exempt organization, as has happened in other countries.

<i>R v Basi</i>

R v Basi is a landmark decision by Supreme Court of Canada where the Court weighed the rights of the defendant versus the privileges of an informant in an important trial into alleged government corruption.

Kevin Mark Murphy is a Canadian musician and criminal lawyer, best known as a co-founder of the Ottawa-based music group, Singing Fools.

<i>Whiten v Pilot Insurance Co</i>

Whiten v Pilot Insurance Co, 2002 SCC 18, [2002] 1 S.C.R. 595 is a leading Supreme Court of Canada decision on the availability of punitive damages in contract. The case related to the oppressive conduct of an insurance company in dealing with the policyholders' claim following a fire. According to the majority, "[t]his was an exceptional case that justified an exceptional remedy."

Topfreedom in Canada has largely been an attempt to combat the interpretation of indecency laws that considered a woman's breasts to be indecent, and therefore their exhibition in public an offence. In British Columbia, it is a historical issue dating back to the 1930s and the public protests against materialistic lifestyle held by the radical religious sect of the Freedomites, whose pacifist beliefs led to their exodus from Russia to Canada at the end of the 19th century. The Svobodniki became famous for their public nudity: mostly for their nude marches in public and the acts of arson committed also in the nude.

Robert P. Armstrong lawyer and judge

Robert Patrick Armstrong is a Canadian lawyer and retired judge. He served on the Court of Appeal for Ontario from 2002 until his retirement in 2013. Before serving on the bench, Armstrong was a partner at Torys and was lead counsel in the Dubin Inquiry on steroid use in Canadian sports. After leaving the bench, Armstrong joined Arbitration Place, a Canadian group specializing in alternative dispute resolution.

References

  1. Marshall, John (1980-01-22). "Secret Ontario documents found in U.S. cult's files". Toronto Globe and Mail .
  2. Marshall, John (1980-01-23). "Cult harassment, spying in Canada documented". Toronto Globe and Mail .
  3. 1 2 Reynolds, W. Richard (1991-04-23). "Scientology church on trial in Canada". St. Petersburg Times . Retrieved 2008-11-16.
  4. 1 2 Full text of the 1996 appeal decision from CanLII 1996 CanLII 1650 (ON C.A.)