Stay out of church, human rights tribunals
A new complaint before the Ontario Human Rights Tribunal shows the flaws in the revamped system. A mediator is being appointed to deal with a complaint against a Catholic church. Under the human rights system as it was before the 2008 revisions, the Commission likely would have dismissed the complaint as dealing with religion. Now every complaint is dealt with seriously.
Jim Corcoran and his gay partner were asked not to serve communion at St. Michaels Roman Catholic Church in Cobourg, Ontario. Corcoran, owner of a high-end spa, brought a human rights complaint.
The issue apparently arose when 12 parishioners wrote a letter to Peterborough Bishop Nicola De Angelis complaining about their parish priest. One of their criticisms was regarding the two gay altar servers. As a result, the altar servers, one being Corcoran, were asked to refrain from serving communion. According to the parishioners, they were really trying to get rid of their priest, as much as address the particular issue of the altar servers.
Corcoran's complaint is therefore against not only the priest, but also the 12 parishioners.
Prior to June 30, 2008, complaints were filed with the Ontario Human Rights Commission. The Commission's first step was to investigate the complaint and determine if there was discrimination within the meaning of the Ontario Human Rights Code. There is an exemption from the Code for religious organizations that would include churches.
But the system was amended last June. Now, all complaints are made to the Ontario Human Rights Tribunal. No one investigates complaints so they all are treated as though they are valid, even if there is an exemption in the Code.
The first step in the process is a mediator. One will be appointed and will likely meet with the complainant and those complained against.
The problem here is that there is no valid complaint under the Code.
The Ontario Human Rights Code, like most provincial codes, prohibits discrimination in employment, housing and provision of services. Corcoran was not employed by the church. This is clearly not housing. Can having a volunteer position as an altar server, or even master of ceremonies, be considered "provision of services"?
It is unacceptable that an individual can make such a complaint against a church, which is clearly exempted.
There are good reasons why churches are exempted. First, they are presumed to be discriminatory. Can you imagine if churches had to hire clergy on a non-discriminatory basis? That would mean you could not inquire into the religion of your clergy. Catholics, and some Protestants, only hire male clergy. That is clearly discriminatory, but churches are allowed to set their own doctrine in such matters.
And this brings me to the second reason churches are exempted. Secular tribunals and courts should not be deciding religious issues. Granted, they sometimes have to. The recent case concerning Hutterites and driver's licences is an example. But a human rights tribunal can hardly be competent to decide who makes a good altar server.
The fact that there is no process to dispense with complaints that don't even fall under the Code is cause for concern. Hopefully, the mediator appointed will quickly dismiss the complaint.
If not, we can anticipate a rash of complaints against churches, starting with a group of women who want to be priests. A group called "Roman Catholic Womenpriests" claims it as ordained 14 female priests in Canada.
Christian Horizons, an evangelical ministry providing homes to mentally-challenged adults, knows all too well the challenges of dealing with a human rights complaint. A tribunal ruled that it does not fit within the exemption enjoyed by churches.
But if churches will now be faced with such complaints, not only from staff but from volunteers, every church will need its own legal counsel. Open the floodgates.
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