Feb 17, 2021
The Ethiopian Orthodox Tewahedo Church of Canada was an incorporated religious organization with a constitution and bylaws. A committee of members was appointed to investigate other members influenced by Protestant theology who began opposing the veneration of St. Mary. The committee set out findings and a recommendation to purge heretics in a report to the church’s Archbishop. The Archbishop implemented other discipline. Five members of the committee objected. They refused to cease objecting and their dispute with the Archbishop and the church’s High Priest culminated in their expulsions. The expelled members commenced an action for relief including declarations the decisions to expel them were null and void, their rights under s. 2(a) of the Charter were violated, and other relief including production of some records. The church applied for summary judgment dismissing the action. The motions judge granted summary judgment and dismissed the action. The C.A. allowed an appeal, set aside the summary judgment and ordered the case returned for trial. “The motions for leave to intervene by Evangelical Fellowship of Canada; and Association for Reformed Political Action, Canadian Council of Christian Charities and Christian Legal Fellowship (jointly) are dismissed, without prejudice to the right to file a motion for leave to intervene in the appeal.