Law Commons^™

Insulated From Justice? Religious Expulsion Before Canadian Courts In The Post-Highwood Era, Adam Schenk

Dalhousie Law Journal

Judicial consideration of religious disputes prompt concerns that the legal system may delve into issues of a spiritual nature that should enjoy some insulation from legal comment or intervention. These concerns are only heightened in instances where the dispute concerns the very serious issue of the expulsion of a member from their religious community. While necessary care is warranted in these sensitive circumstances, a blanket prohibition on legal intervention in instances of religious expulsion creates the possibility that a member of a religious community may experience the devastation of expulsion in an unfair and unjust manner. This paper, written prior …