Seventh-day Adventists in Canada are casting a wary eye on their sermon notes and publications in light of the enactment Apr. 29 of Canadian Bill C-250, which adds "sexual orientation" to a list of "hate crimes" for which perpetrators can be charged with
Seventh-day Adventists in Canada are casting a wary eye on their sermon notes and publications in light of the enactment Apr. 29 of Canadian Bill C-250, which adds “sexual orientation” to a list of “hate crimes” for which perpetrators can be charged with an “indictable offense,” equal to a felony in the United States.
Under the amendment to the law, the Evangelical Fellowship of Canada said sexual orientation is added to the prohibited grounds for “advocating genocide,” or advocating or promoting genocide; “public incitement of hatred” which is defined as communicating statements in a public place that incite hatred; and the “willful promotion of hatred,” which the Canadian law defines as communicating statements, other than in private conversation, that willfully promote hatred against any identifiable group.
According to the Evangelical Fellowship, “a ‘public place’ is defined as ‘any place to which the public have access as of right or by invitation, express or implied,’” which presumably would include most churches.
Barry W. Bussey, legal and public affairs director for the Seventh-day Adventist Church in Canada, said Adventist pastors will have to carefully watch future developments.
“It’s a wait-and-see attitude right now,” Bussey told ANN on May 3. “We don’t know how a court will basically deal with adding ‘sexual orientation’ in the hate crimes section of the Criminal Code. All we can do is look at hints in recent court decisions.”
Those hints aren’t overly promising: In December of 2002, the Saskatchewan Court of Queen’s Bench ruled against a Christian who printed a newspaper advertisement objecting to homosexual conduct and citing references to Bible verses proclaiming severe penalties for such conduct. They rule this as spreading “hate.” Justice Ronald Barclay, in an opinion, stated: “The use of the circle and the slash combined with the passages of the Bible herein make the meaning of the advertisement unmistakable. It is clear that the advertisement is intended to make the group depicted appear to be inferior or not wanted at best.”
About 18 months earlier, in May 2001, the Supreme Court of Canada said graduates of an evangelical teacher’s college could hold a view opposing homosexual conduct and be licensed as teachers; but in the exercise of their beliefs they must not discriminate against homosexuals.
“I think we have to follow the scriptural adage, ‘be wise as serpents and harmless as doves,’” Bussey said. “We continue to live our lives as Christians and we let the chips fall where they may. When we have to speak out, we need to speak out, obviously very carefully and wisely and with concern for our fellow man.”
He said the church would defend its own pastors—and support cases on pastors from other denominations—brought up on charges under the new statute. At the same time, he noted that the hate crimes legislation does have some protection. For example, the attorney general has to approve prosecutions, and there is an exemption for those who in “good faith” “expressed or attempted to establish by argument an opinion on a religious subject.
“However, it only takes one person to make a complaint, and only one police officer to lay a charge” against a clergy member, noted Dr. Janet Epp Buckingham, general legal counsel for the Evangelical Fellowship of Canada. “I will say that in past cases, the court has set the standard pretty high. You have to say something that demonizes people in the group ... that advocates violence against them, that would encourage people to be violent,” she added.
Dr. Buckingham told Adventist News Network that it will be important for all pastors to weigh their words as this new law takes effect.
“Bill C-250 makes it clear that pastors need to think about the effects of what they say, before they say it. Now, I would argue that pastors should do that anyway, but this imposes an additional obligation on them,” she said.
Ironically, Canadian Member of Parliament Svend Robinson, who sponsored C-250, was not able to witness the passage of his law. Two weeks before the event, Robinson confessed to the theft of a Can. $50,000 ring from a jeweler, and is on “medical leave” for treatment of “extreme stress” while prosecutors weigh potential criminal charges.
