FIGHT FOR RECOGNITION

In November 1943 a brief was submitted to the Minister of Labour requesting exemption for full-time Witness ministers in special capacities. The government refused to grant exemption. Although Jehovah’s Witnesses in Canada had 15,000 in attendance at the Memorial that year, this was one religion that the officials would not recognize as having even one minister.

This issue had to be fought in the courts. The first major case taken was the defense of Earl Kitchener Stewart, tried in 1943 and appealed from the trial court at Vancouver to the British Columbia Court of Appeal. Brother Stewart’s fine record as a full-time Kingdom proclaimer since 1938 made no difference. His defense was dismissed and he was convicted.

Undaunted, Jehovah’s people got ready to try again. The government wanted to conscript Leo K. Greenlees of the Toronto branch office staff (now of the Governing Body), who had been a full-time minister since 1931. Instead of waiting for the authorities to prosecute, an action for declaratory judgment was instituted entitled Greenlees v. Attorney-General for Canada. The suit demanded a declaration that Leo Greenlees was a minister not subject to the draft. This was a bold move that left the opposition astonished. The war was still on and anything touching the military was considered almost sacrosanct. Yet, here was an organization that had just come out from under ban. Instead of quietly shrinking away, it was making an unabashed demand for justice and fair treatment. Jehovah’s Witnesses were back on the scene and everybody knew it!

The Greenlees case was given a full hearing by Mr. Justice Hogg of the Supreme Court of Ontario. Evidence was given by L. K. Greenlees, Percy Chapman and Hayden C. Covington. In spite of the strong evidence, the trial judge dismissed the action on weak and specious reasoning. Appeal was taken to the Ontario Court of Appeal, which also gave an evasive decision, essentially refusing to deal with the true legal issue. Next, application was made for leave to appeal to the Supreme Court of Canada. But it refused to hear the appeal on the technical ground that there was no financial claim involved in the case.

The only remaining remedy was an appeal to the Privy Council in London, England. A motion for appeal was filed in London for hearing during October 1946. Just before the time for argument, however, the government repealed the conscription law. There was no law left to argue about; so the case terminated without a final decision. At least Brother Greenlees had been protected.

FLAG-SALUTE ISSUE

The flag-salute issue involving Christians in Canada roughly paralleled the one in the United States. Publicity from the United States on this question spilled over into Canada and, beginning about 1940, a number of school boards throughout this country began to establish forced flag-salute ceremonies.

A number of lawsuits disputed the power of the school boards to enforce the flag and anthem ceremonies. One of these cases was Ruman v. Lethbridge, in Alberta. The court ruled that the school board had the power to force the pupil to participate. But the provincial legislature showed fine respect for freedom and changed the School Act so that the children of Jehovah’s Witnesses were free to attend school unmolested.

The main legal test, however, took place at Hamilton, Ontario, where a dragged-out case continued from 1940 to 1945. Twenty-seven children were expelled from school in Hamilton for refusing to salute the flag and sing the national anthem. It became necessary to establish a private Kingdom School so that the children would not be prevented from receiving an education.

Legal action was taken, asking the court to order the children readmitted to school without having to participate in the flag and anthem ceremonies. This case was tried at Hamilton on March 30 and 31, 1944. The trial judge, Mr. Justice Hope, a highly patriotic military man, ruled against Jehovah’s Witnesses and said that the school board had not only the power to require the exercises but also “an imperative duty to exercise their powers.” Essentially, this decision demanded that all other school boards in the province expel the children of Jehovah’s Witnesses if they would not participate in the flag salute and anthem exercises.

This case was appealed to the Ontario Court of Appeal, where it was argued in March 1945. The war was still in progress, patriotic fervor was intense, and Jehovah’s Witnesses were in the course of reorganization after the ban. When the argument opened, the court was quite hostile. A firm stand was necessary, as the three judges fired rapid questions about Jehovah’s Witnesses and their beliefs. The initial antagonism began to wear off, however, and the judges gave a very fair hearing. Subsequently, they rendered a unanimous judgment in favor of Jehovah’s people, thus making it possible for our children to attend school and get an education without joining in exercises that offended their conscience.

This decision was a terrible shock to the Hamilton Board of Education and its lawyers who had been loud in their attacks on Jehovah’s Witnesses. They tried to appeal the case to the Supreme Court of Canada, but the Court refused leave to appeal. Accordingly, the favorable decision of the Ontario Court of Appeal was the final judgment. For more than 30 years, this fine decision has been very useful in pushing back the “patriots” who, from time to time, have tried to revive this issue.