The applicants filed a human rights application alleging they were expelled from their church congregation on grounds protected by the Code.
The respondents requested that the application be dismissed or deferred, arguing that section 18 of the Code protected their membership restrictions, that section 34(11) barred the application due to an ongoing civil proceeding, and that an internal church dispute resolution process was ongoing.
The Tribunal denied the request to dismiss or defer, finding that section 18 did not apply because the applicants alleged discrimination on other grounds, section 34(11) did not apply because the civil proceeding involved different parties and did not seek a Code remedy, and the internal process would not address the human rights issues.
