Jeff Varcoe (RE), 2024 ONAFRAAT 16

Agriculture, Food and Rural Affairs Appeal Tribunal 1 Stone Road West

Tribunal d’appel de l’agriculture, de l’alimentation et des affaires rurales 1 Stone Road West

Guelph, Ontario, N1G 4Y2 Tel: (519) 826-3433, Fax: (519) 826-4232 Email: AFRAAT@ontario.ca

Guelph (Ontario) N1G 4Y2 Tél.: (519) 826-3433, Téléc.: (519) 826-4232 Courriel: AFRAAT@ontario.ca

AGRICULTURE, FOOD AND RURAL AFFAIRS APPEAL TRIBUNAL

APPEAL:

Jeff Varcoe (RE)

Jeff Varcoe (RE) 2024 ONAFRAAT 16

STATUTE:

Farm Registration and Farm Organizations Funding Act, 1993

HEARING:

May 3, 2024

DATE OF DECISION:

06 August 2024

096Varcoe23

NEUTRAL CITATION:

2024 ONAFRAAT 16

IN THE MATTER OF the Farm Registration and Farm Organizations Funding Act, 1993, S.O. 1993, c. 21, AS AMENDED;

AND IN THE MATTER OF an application to the Agriculture, Food and Rural Affairs Appeal Tribunal (“Tribunal”) by Jeff Varcoe and Krystal Wall of Oakville, Ontario pursuant to Section 22(1) of the Farm Registration and Farm Organization Funding Act.

AND IN THE MATTER OF an electronic hearing pursuant to Rule 18 of the Tribunal’s Rules of Procedure.

Heard: May 3, 2024

Before: Katie DeBlock Boersma, Vice-Chair; Sarah Judd, Member; Betty Ann MacKinnon, Member

Appearances: Jeff Varcoe, Applicant and Representative for Krystal Wall
Not Present: Krystal Wall, Applicant

DECISION

The Applicants Jeff Varcoe and Krysta Wall brought an Application pursuant Section 22(1) of the Farm Registration and Farm Organizations Funding Act, 1993 (the “Act”) for an order waiving the requirements that they register their farm with and make the prescribed payment to a farm organization on the basis of their religious conviction and belief.

In the absence of the affirmation of a bishop of a church holding beliefs that would entitle members of that church to a religious exemption, the Tribunal ordered a hearing of the Application in accordance with the Act.

The hearing was held on May 3, 2024. Mr. Varcoe represented himself and Ms. Wall, pursuant an authorization letter filed with the Tribunal.

THE EVIDENCE

Mr. Varcoe testified that he and Ms. Wall object to joining a farm organization as the activities of farm organizations conflict with their religious convictions and values. Mr. Varcoe stated that he and Ms. Wall believe in Buddhism. He stated that the principles of their beliefs are the guiding values upon which they manage their farm operation, Liberty Way Farm (“Liberty Way”).

Ms. Wall and Mr. Varcoe believe that there is one divine entity that unites us all. Mr. Varcoe testified that Liberty Way was started to establish reconnection to the land, and to help humanity learn and grow. The values of their religion provide the basis of this vision for Liberty Way. Mr. Varcoe explained that Liberty Way is the physical manifestation of his and Ms. Wall’s journey along the Eightfold Path. The Eightfold Path is a fundamental concept in Buddhism. Mr. Varcoe and Ms. Wall believe that by following it, one can gradually achieve liberty.

With respect to farm organizations, Mr. Wall testified that as the Applicants do not seek their guidance or support, and do not want to divert their energy to supporting them. He stated that registering with and submitting payment to a farm organization would be a divesture of their energy, and this is contrary to their beliefs and journey along the Eightfold Path. Specifically, registering with and paying a farm organization would be behaviour that in accordance with their religious convictions would represent the wrong intention, wrong action and wrong effort, resulting in three missteps along the Eightfold Path.

Mr. Wall provided documentation from the Canada Revenue Agency confirming that Buddhism is a recognized religion in Canada. He also submitted into evidence excerpts from the Liberty Way website outlining the vision and principles of Liberty Way. These website excerpts were consistent with Mr. Varcoe’s oral evidence regarding the religious values on which Liberty Way was founded.

A copy of the application was sent to the Ontario Federation of Agriculture (OFA), National Farmers Union Ontario (NFU-O) and the Christian Farmers Federation of Ontario (CFFO). None of these organizations opposed the application. The CFFO was present at the hearing as an observer.

THE LAW

The subsections of the Act relevant to this Application are:

Section 22(1)

“If an individual carries on a farming business and objects to making payment to a farm organization or filing a farming business registration form because of his or her religious conviction or belief, the individual my apply to the Tribunal for an order that payment or filing be waived.”

Section 22(6)

“If the Tribunal is satisfied that an individual referred to in subsection (1), (2) or (3) objects to making payment to a farm organization or filing a farming business registration form because of his or her genuinely held religious conviction or belief, it shall order that payment or filing be waived.”

ANALYSIS

The Tribunal must determine if it is satisfied that the Applicants object to making a payment to a farm organization or filing a farm business registration form because of a genuinely held religious conviction or belief.

As stated by the Tribunal in the case of James Morin (RE), 2019 ONAFRAAT 22:

the Tribunal can look to the case law of the Ontario Labour Relations Board where there is provision for a religious exemption from joining a union or paying union dues in Section 52 of the Labour Relations Act, 1995. From that case law the following three-pronged test can be deduced:

1. Are the Applicant’s convictions and beliefs genuinely held?

2. Are the Applicant’s convictions and beliefs religious?

3. Are the Applicant’s convictions and beliefs the actual cause of the objection to making a payment to a farm organization or filing a farm business registration form?

Genuinely Held

This is a subjective question and must be assessed from the point of view of the Applicants.

Mr. Varcoe testified clearly and comprehensively regarding his and Ms. Wall’s convictions and beliefs. It is clear to the Tribunal that they are genuinely held. This branch of the test is met.

Religious Beliefs

The definition of “religious” in the Oxford dictionary is “relating to or believing in a religion”.

Mr. Varcoe testified that his religious belief system is Buddhism. Buddhism is a recognized religion by the Canadian government, as indicated in the evidence filed by Mr. Varcoe at the hearing. The evidence Mr. Varcoe provided about Liberty Way, including excerpts from its website, illustrates that the Applicants’ beliefs are consistent with the tenants of Buddhism as described in Mr. Varcoe’s evidence. This element of the test is met.

Actual Cause

Mr. Varcoe contends that registering with and paying a farm organization conflicts with the Applicants’ religious beliefs, because this would indicate support of and divesture of energy to a farm organization. He testified that the farm organizations in question do not align with the Applicants’ religious beliefs, and therefore they do not want to indicate support of them by virtue of providing them with registration and payment, even if they can request a payment refund.

He testified that the direction of energy and resource in a manner consistent with their religious beliefs is fundamental to those beliefs. To do otherwise is contrary to the Eightfold Path, which is a fundamental concept in Buddhism. Mr. Varcoe testified that registering with a farm organization would result in the Applicants living and behaving with the wrong intention, wrong action and wrong effort. He described these as three missteps along the Eightfold Path.

It is not for the Tribunal to determine if it agrees with these beliefs, but rather whether the beliefs as genuinely expressed by the Applicants are the actual cause of their objections. Actual cause has been established in this case.

This branch of the test is met.

CONCLUSIONS

On the basis of the evidence presented, the Tribunal concludes that Ms. Wall and Mr. Varcoe’s Application for an order that making payment to and registering with a farm organization be waived because of religious conviction or belief should be granted.

ORDER OF THE TRIBUNAL

The Tribunal orders that the Application brought by Jeff Varcoe and Krystal Wall for an order under Section 22(1) of the Farm Registration and Farm Organizations Funding Act, 1993 to waive making payment to a farm organization and filing a farming business registration form under the Act be granted.

This order takes effect immediately and shall remain in force so long as Jeff Varcoe and Krystal Wall hold the beliefs described in these reasons for decision and are required/eligible to register under the Act.

Dated at Mitchell, this 06th day of August, 2024.