Jehovah's Witnesses must release ex-members' records: BC Court of Appeal rules privacy law does not infringe religious freedom
BC Humanist Association intervened on privacy rights of former adherents of the religious cult against two church elders and Watch Tower Bible and Tract Society of Canada
When you decide to leave a religious cult – even if it's one of the cults that caught on and legitimized with government tax-free status – you are entitled to have your personal records returned, according to the highest court in British Columbia.
Two congregations of Jehovah's Witnesses tried to claim that Province's Personal Information Protection Act (PIPA) infringed the congregations' religious freedom rights to refuse to give two former members access to their personal records.
An adjudicator for the privacy commissioner and lower courts ruled against the congregations, but the JWs took it to the B.C. Court of Appeal.
The congregations in Grand Forks and Coldstream and their elders, John Vabuolas and Paul Sidhu, argued disclosing the records would compromise their religious freedom.
But a unanimous decision by the B.C. Court of Appeal on March 21, 2025, found that that PIPA does not violate the Charter of Rights and Freedoms. The decision, written by Justice Karen Horsman, rejects the JW's argument "that a blanket exemption is constitutionally required for all information collected for a religious purpose."
The court found that the privacy commissioner and adjudicator are able to determine constitutional claims on a case-by-case basis. In this instance, the decision to compel the JW's to produce the records was reasonable.
The BC Humanist Association (BCHA) intervened in the case arguing the importance of understanding a shared basis of privacy and religious freedoms as being personal autonomy.
"These rights, therefore, belong to individuals and not incorporated organizations," according to a BCHA statement after the ruling. "Privacy laws recognize the inherent power imbalance between organizations and individuals."
BCHA executive director Ian Bushfield said the court made a good decision recognizing the importance of every British Columbians' privacy rights.
"Our concern has always been the protection of vulnerable individuals who may face significant consequences when their personal information is shared without their consent, especially within the context of religious discipline," Bushfield said.
The appellants, Vabuolas, Sidhu, the congregations and Watch Tower Bible and Tract Society of Canada tried to claim that the PIPA adjudicator ought to take at face value assertions that disclosure of the disputed records would constitute an unjustified infringement of the Charter.
"Such an approach does not involve a balancing of Charter protections with statutory objectives, but rather accords priority in every case to an organizations’ assertion that a production order would unjustifiably infringe Charter rights," Justice Horsman wrote. "It is tantamount to the type of categorical exemption from the legislation that I have already concluded is not constitutionally required."
If the Jehovah's Witnesses do not appeal this decision to the Supreme Court of Canada, they will be required to disclosed the disputed records to the privacy commissioner who will review them to determine what should be released to the ex-JW applicants.
The BC Humanist Association advocates for the rights and freedoms of all British Columbians, including the right to privacy and the freedom from religion.
Given the ferocity with which the JWs pursued this case, those involved will not be surprised if it is indeed appealed to the Supreme Court of Canada or they challenge the privacy commissioner when they do release the records.
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Paul J. Henderson
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Represented by John Trueman and Chloe Trudel of Allen / McMillan Litigation Counsel, the BC Humanist Association intervened at the Court of Appeal to advocate for the privacy rights of former religious adherents, particularly those who left high-demand religious groups. We argued for the importance of understanding the shared basis of privacy and religious freedoms as being personal autonomy. These rights, therefore, belong to individuals and not incorporated organizations. Privacy laws recognize the inherent power imbalance between organizations and individuals.
"This decision represents a significant step forward in protecting the privacy rights of individuals who leave religious groups. It affirms that religious organizations are not above the law and that individuals have the right to control their personal information. We will continue to advocate for strong privacy protections for all British Columbians."
The BC Humanist Association remains committed to advocating for the rights and freedoms of all British Columbians, including the right to privacy and the freedom from religion.
If the Jehovah's Witnesses do not appeal this decision to the Supreme Court of Canada, they will be required to disclosed the disputed records to the Privacy Commissioner who will review them to determine what should be released to the ex-JW applicants.
-30-
Paul J. Henderson
pauljhenderson@gmail.com
facebook.com/PaulJHendersonJournalist
instagram.com/wordsarehard_pjh
x.com/PeeJayAitch
wordsarehard-pjh.bsky.social