Ruling (.pdf) - International Center for Law and Religion Studies

Analysis and Application of the Facts to the Statutory Provision[111] The Commission and Christian Horizons both submit that there are fourelements to the section 24(1)(a) exemption. In order for Christian Horizons to succeed,it must establish, on a balance of probabilities that:a. it is a religious organization;b. that it is primarily engaged in serving the interests of personsidentified by their creed;c. it employs or gives preference in employment to personssimilarly identified; and2008 HRTO 22 (CanLII)d. that the qualification (the restriction in employment topersons similarly identified by creed) is a reasonable andbona fide qualification because of the nature of theemployment.Is Christian Horizons a Religious Organization?[112] Christian Horizons is a not-for–profit corporation that identifies as anEvangelical Christian ministry. That it self-defines as an Evangelical Christianorganization is not determinative. However, the evidence clearly shows that from itsinception, through its entire history, and to the present, it is an entity whose membershipis made up of people of Christian faith who have joined a Christian organization andwho have agreed to adopt the particular articles of faith set out in the DoctrinalStatement. At Christian Horizons’ founding meeting, Rev. Reese put before theattendees a Doctrinal Statement and asked all who were interested in becomingmembers to read and agree to the Statement. That Doctrinal Statement has remaineda core document for over 40 years, and all persons who choose to become membersare required to adopt and sign it. It is incorporated into the Constitution and By-Laws ofthe organization.[113] The evidence shows that at both Board of Directors meetings and annualgeneral meetings, the proceedings commence with devotionals and prayer. Likewise,30