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

noted above, that families came from a range of Christian and non-Christian faithbackgrounds, may or may not have had an interest in having Christian Horizons exposetheir loved ones to a Christian world view, and sought Christian Horizons as a serviceprovider for various reasons. The evidence does not support a finding that, numerically,the organization is primarily engaged in providing service to persons who are adherentsto the articles of faith as expressed in the Doctrinal and Lifestyle and MoralityStatements.[151] In any event, I would not consider raw numbers, taken alone, as determinativeof whether Christian Horizons is primarily engaged in serving the interests of personsidentified by their creed. The Tribunal must balance a range of considerations indetermining this question. There may be situations in which an organization’s primarypurpose, mission and objects are to serve the interests of persons identified by one ofthe proscribed grounds in the Code, but it happens to provide the service to a greaternumber of persons who are not members of the group similarly identified. For example,an ethnic cultural centre whose primary object is to promote cultural and arts events inrelation to the Greek community, may attract a great number of visitors who are notGreek. The mere fact that more non-Greek individuals frequent the centre’s events willnot in itself be determinative of whether the organization is primarily engaged in servingthe interests of persons identified by race, national origin or ethnic background.2008 HRTO 22 (CanLII)[152] In the present case, if Christian Horizons’ purpose, mission and object was toprovide residential support services to individuals who were adherents to its faithbeliefs, but it was required, by government policy or demographics to accept nonadherents,it might be considered primarily engaged in serving the interests of personsidentified by creed. Such a finding would, of course, be subject to other factors andevidence in that particular case (for example, the nature of the services provided, theinterests of the community of individuals served). But I state this hypothetical tocontrast the subjective and objective realities before me. Christian Horizons does nothave as its primary purpose, mission, object and activity, to serve the interests ofpersons who are adherents to its faith beliefs, and Christian Horizons is not, in fact,primarily engaged in providing services to persons who are adherents to its faith beliefs.44