Jehovah's Witnesses lawyer cites 1959 landmark ruling

by Dogpatch 7 Replies latest jw friends

• 

  Dogpatch

  Jehovah's Witnesses lawyer cites 1959 landmark ruling Warns of duplessis-style persecution. Blainville taken to court over summonses for soliciting door to door without permit

  HARVEY SHEPHERD
  The Gazette

  Wednesday, June 18, 2003

  A veteran of legal battles for the Jehovah's Witnesses was in a Montreal courtroom yesterday, revisiting his landmark civil-liberties victories of decades ago.

  However, Glen How, 84, and other members of a Jehovah's Witnesses legal team received a skeptical hearing from three Quebec Court of Appeal judges for some of their arguments.

  How wanted them to make an example of Blainville Mayor Pierre Gingras, as the Supreme Court did of Quebec Premier Maurice Duplessis in 1959.

  In November 1997, the town north of Laval began issuing summonses to 14 Witnesses for soliciting door to door without a municipal permit.

  "The fundamental liberties of the people don't require a permit from anybody," How argued.

  How, a resident of Georgetown, Ont., said the court should crack down so public officials won't "start trying to renew the persecutions of the Duplessis era."

  The town and the Witnesses are appealing against different parts of an April 2001 decision by Quebec Superior Court Judge André Crépeau.

  Blainville is appealing against Crépeau's decision to quash the 1996 bylaw as it applies to the Witnesses, as a violation of democratic freedoms. The Witnesses are appealing against Crépeau's refusal to order the mayor to pay $3,500 in "moral" and "exemplary" damages to each of the 14 Witnesses summonsed.

  How recalled a 1953 decision in which the Supreme Court decided that a Quebec law prevented the province from interfering with Witnesses' distribution of pamphlets on the streets.

  In 1959, the Supreme Court ordered Duplessis to personally pay damages to Frank Roncarelli, a Montreal restaurateur. Duplessis had caused Roncarelli to lose his liquor licence after Roncarelli posted bail for Witnesses.

  Judge Benoît Morin, presiding yesterday, said the appeals court will release its decision soon.

  [email protected]

  © Copyright 2003 Montreal Gazette http://www.canada.com/search/story.aspx?id=e5fb0cb0-733b-45bf-94a5-96e781ee6324# Net Soup! http://www.freeminds.org
• 

  Kenneson

  Glen How is the same lawyer that Shunned Father wants to take to task. See items k through r in the court action at

  http://www.jehovahs-witness.com/6/54060s/1.ashx
• 

  Kenneson

  Let me try again.

  http://www.jehovahs-witness.com/6/54060/1.ashx
• 

  Gerard

  The same story as reported by CBC: http://montreal.cbc.ca/regional/servlet/View?filename=qc_jehovah20030617

  Jun 17 2003 06:16 PM EDT

  Blainville won't back down from Jehovah's Witness battle MONTREAL - The highest court in Quebec is being asked to weigh the balance between religious freedoms and the right to a citizen's peace and quiet. It would be the same as asking you to get a permit from the chief of police before you went to church next Sunday'— Jehovah's Witness lawyer The city of Blainville, Que. is appealing a ruling that struck down a bylaw that restricted door-to-door solicitation by Jehovah's Witnesses . The Quebec Superior Court ruled the bylaw violated their basic religious freedoms, but the city isn't giving up. It says municipalities have a right to limit religious freedoms. Blainville's rules

  Blainville enacted the bylaw in 1996 after some residents complained they were being woken up by Jehovah's Witnesses on the weekends.

  It forbids all door-to-door solicitation on weekends and after 7:30 p.m. And those who want to canvass at all can only do so for two months of the year, with a permit.

  'Everyone is equal'

  Jehovah's Witnesses "The best-known way they use to find those who are distressed by present conditions is by going from house to house. Thus they make a positive effort to reach the public, just as Jesus did when 'he went journeying from city to city and from village to village, preaching and declaring the good news of the kingdom of God.' His early disciples did likewise. (Luke 8:1; 9:1-6; 10:1-9) Today, where it is possible, Jehovah's Witnesses endeavor to call at each home several times a year, seeking to converse with the householder for a few minutes on some local or world topic of interest or concern." Source: Jehovah's Witnesses Web site

  A lower court judge struck down the bylaw.

  However, Blainville city lawyer Pierre Paquin believes he can convince the three-judge panel at the Quebec Court of Appeal that the law doesn't discriminate.

  Paquin says the Jehovah's Witnesses could have obtained the $100 permits which would have granted them a two-month period each year in which to proselytize, but not on weekends.

  But the witnesses refused to obtain the permits.

  Their lawyers told the court the by-law specifically targeted them.

  Boy scouts and police officers could still do fund raising without the permits.

  "Everyone is equal under this bylaw," Paquin explains. "It applies to commercial solicitation to religious groups. Everyone."

  Paquin says Blainville is just trying to protect its citizens' right to privacy.

  Precedence

  Glen How, the first Jehovah's Witness to become a lawyer in Canada, argued a similar case more than 50 years ago when Quebec City tried to penalize Jehovah's Witnesses for handing out literature on the streets.

  How won then, and he expects to win again. He says a city cannot licence freedom of expression.

  "It's an effort to stop citizens from being able to communicate with one another. You say, well we'll get a permit from the chief of police before we can talk to anybody," How says.

  "It would be the same as asking you to get a permit from the chief of police before you went to church next Sunday."

  Mayor should pay damages: lawyer

  How says door-to-door solicitation is an important part of the Jehovah's Witness faith.

  He's asking the court of appeal to send a clear message to public officials so that he doesn't have to plead his case again.

  The witnesses say not only should the bylaw be struck down as unconstitutional, but the mayor should also be ordered to pay damages for intentionally violating their constitutional rights.
• 

  heathen

  It seems as though this issue is a 2 edged sword . The watchtower is a publishing corporation and it's followers can be very intrusive in the private lives of the citizens in any country . I think the 2month limit is a little strict for limiting the rights of free speech but if the members are only worried about getting their time in they can always go to where the need is great say south america . I do disagree in the way the WT handles the door to door ministry in that they do use manipulation to get people to do it . I've known alot of witnesses in my life and can say many are very unstable and probly belong in psyche ward in a county hospital so I can see why the people in any sort of republic would like some kind of screening done as to who should be entitled to coerce interested parties into joining a cult .
• 

  rocketman

  I replied to a similar thread yesterday that this was a tough call as far as how I feel. I don't like seeing any Government restrictions on religious activity.

  However, I do have a problem with the Witnesses wanting the Mayor to pay fines of $3,500 to each jw. It seems they're pushing for too much here. I don't see why the mayor should pay a fine.

  Most of us here know the compulsion under which the jws do their door-to-door soliciting. If they really had religious "freedom" many of them wouldn't even be going door to door. They'd witness in other ways perhaps.
• 

  JT

  I have to agree with wt on this issue --they have done an excellent job in the last 50yrs Legally" est the right to go door to doort

  in my view this issue should be closed,

  most cities in thier haste often times draft "Half A$$" ordinances that don't cut the mustard-

  Last year i personally wrote the mayor out in OHIO and told him that he could take advantage of a little know wt policy-

  with the unwanted phone calls most folks get at home from long distance companies and time share companies the buzz word in many state legistlatures is "DO NOT CALL LIST"

  well wt has had a do not call list for the last 20+ yrs - most folks just don't know how to ask for it and what to say-

  my wife and I are own the home owners assoc. in my subdivision and we also put the newsletter together- well we decided to "Fu&k" with

  the local jw, by running a:

  "Public Service Annoucement" ------------- in our newslettter in relationship to JW-

  we informed all resident that the jw are offering free of charge the opportunity for any home owner to be put on their "DO NOT CALL LIST"

  and in order to take advantage of this offer from the jw since they realize persons value thier time and privacy, merely REQUEST FROM THE NEXT JW to have your name put on the back of the TERRITORY CARD.

  this way when they are in your neigborhood they will see your home is listed on thier DO NOT CALL LIST

  I know almost all the home owners on my street have requested to take advantage of THIS FREE OFFER from the local jw.

  I know that the territory servant must be like "What in the He!! is going on"

  smile

  for the most part any township that goes to court on the door to door work is dead in the water in canada it might be a little different but here in the states THAT IS A EASY ONE TO WIN

  I have a couple FORMER BUDDIES who are in the Legal Dept and this is what they told me.

  some little Funky Town passes some new ordinance about not preaching without a permit

  the local elders finds out - contacts the CO ---who contacts the service dept--- who contacts legal desk

  THEY HAVE "" PRE-PREPARE PACKETS """ to send to the town lawyer-

  the packet is about AS THICK as a SEARS CATOLOG- inside it contains all THE CASE LAW ON THE MATTER of door to door

  at that point most COUNTRY LAWYERS SAY "UNCLE"

  case done- didn't even need to send anyone to the little city to go to court-

  has requested to be put on

  w to put YOUR NAME ON T
• 

  Gerard

  The boat is rocking in Canada:

  
  Bylaw seeks to restrict Jehovah's Witnesses - Canoe News
  
  Blainville won't back down from Jehovah's Witness battle - CBC Montreal
  

  Town says ban on religious canvassing reasonable - The Globe and Mail