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

for over 40 years. It has grown from a small private organization running a summercamping program, to being the largest community living service provider in the province,always within this framework. The organizational structure, its employment policies andits service delivery are all based on its self-identity as an Evangelical Christian ministry.[281] In addition, as I have found in my reasons above, the Ontario Code, unlike theB.C. Code, does not have a general reasonable and bona fide defence. I make nocomment on whether Christian Horizons would meet such a defence if the statute werewritten differently. But the Code provides only limited exemptions to specifiedemployers seeking to impose job qualifications that are discriminatory or have adiscriminatory effect. So, on the basis of the language of the Ontario Code and the factspresent in this case, Christian Horizons cannot impose its Lifestyle and MoralityStatement on any employee. Indeed, as Professor Mendes observed in Parks, withoutthe exemption provided under section 24(1)(a), Christian Horizons cannot require evenits senior management to be adherents to its faith beliefs.2008 HRTO 22 (CanLII)[282] I find that there needs to be a period of time for Christian Horizons to considerthis award, and make some decisions about how it will structure its affairs in a way thatwill allow it to achieve its mission and at the same time comply with the Human RightsCode. It is neither fair nor in the public interest, given the particular circumstances, toorder Christian Horizons to immediately rescind all religiously based job qualifications,from all job classifications within the organization. That would not achieve compliancewith the Code in a way that balances and respects the rights of the members of theorganization who hold deep, sincere religious beliefs. Also, because it might causedisarray within the organization, it could seriously risk the care and support to theresidents.[283] Christian Horizons is not entitled to continue its practice of requiring that allemployees agree to the Lifestyle and Morality Statement, as it is currently drafted, as acondition of employment. However I believe that it is appropriate to delay any order thatit cease and desist from this practice. Christian Horizons must undertake a completereview of its employment policies to ensure that they are consistent with the Code. This85