Similarly, in Lakeside Colony of Hutterian Brethren v. Hofer, 1992 CanLII 37 (SCC), [1992] 3 S.C.R. 165, a Hutterite colony decided to expel some of its members from the community without giving them an opportunity to respond to the decision. When the members refused to leave, the colony asked the courts to enforce the expulsion and to order the members to return all colony property to the colony. The members claimed that they had a right to remain in the colony and that the courts could not enforce the expulsion. Gonthier J., writing for the majority, noted that while the courts may not intervene in strictly doctrinal or spiritual matters, they will when civil or property rights are engaged. Once the court takes jurisdiction over a dispute with religious components, he continued, it must try “to come to the best understanding possible of the applicable tradition and custom” (p. 191). Gonthier J. held that, in the absence of a timely and adequate opportunity to make a response, the members could not be expelled.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.