The judgment of La Forest, L'Heureux-Dubé, Sopinka, Gonthier, Cory and Iacobucci JJ. was delivered by
Articles 3 to 18 define the organization of the church. It is composed of all the colonies signing the Articles and all those later admitted to membership pursuant to the Articles. The head office of the church is in Wilson Siding, Alberta. The church is divided into three conferences, the Darius-Leut, the Lehrer-Leut and the Schmied-Leut. Each conference is to select three persons to form a nine-member Board of Managers. These managers then select from amongst themselves a Senior Elder, an Assistant Senior Elder, and a Secretary. The date of an annual meeting, later amended to be bi-annual, is established. Provision is also made for special meetings, on seven days' notice.
Article 6 sets out the powers of the Board of Managers:
6.The Church dogma and Church discipline and the affairs, powers, privileges and all matters affecting and pertaining to Hutterian Brethren generally, shall be administered, managed, exercised, transacted, conducted and controlled by a Board of nine managers, three of whom shall be appointed by each of the said Conferences, provided, however, that except as to matters of a purely administrative nature, no resolution or decision of the said Board shall be binding or effective until approved, ratified and confirmed by each of the said Conferences.
Articles 19 to 32 set out the organization of each of the three conferences referred to earlier. The powers of the conference are to be exercised by a Conference Board, consisting of two delegates from each colony. These conference boards are to select from amongst themselves a Chairman, Vice-Chairman and Secretary. It seems that in practice the Chairman and Vice-Chairman are referred to as the Senior Elder and Assistant Senior Elder, as is the case with the Board of Managers of the church. Provision is made for an annual meeting, and special meetings on four days' notice.
Article 29 sets the quorum as two thirds of the total members of the Conference Board. The powers of the conference are set out in Article 23:
23. The Conference Board shall exercise control over the Church dogma and Church discipline within their respective Conference, and shall have charge of all matters pertaining to Hutterian Brethren generally within their respective Conferences, and shall have power to take such action as they deem meet in respect to matters affecting or pertaining to the Hutterian Brethren within their respective Conferences.
Articles 33 to 47 set out the organization of the colonies, referred to as "congregations" or "communities". Each colony's affairs are to be governed by its own rules, passed pursuant to Article 2(f). Article 35 sets out two criteria for membership in a colony. To be a member of a colony, a person must be a member of the church, and must be elected to membership in the colony by a vote of its members.
There are a number of Articles dealing with the ownership of property. No member of a colony owns property of any kind. All property is owned by the colony, for the common use and benefit of its members. Upon leaving a colony, or upon expulsion, a former member is not entitled to any of the colony's property.
According to Article 34, each colony is a separate economic entity, not being liable for the obligations of any other colony.
The rights and duties of members are set out in a number of Articles. The most important of these are Articles 40, 41 and 43:
40.Each and every member of a congregation or community shall give and devote all his or her time, labor, services, earnings and energies to that congregation or community, and the purposes for which it is formed, freely, voluntarily and without compensation or reward of any kind whatsoever, other than herein expressed.
41.The members of a congregation or community shall be entitled to and have their husbands, wives and children, who are not members thereof, reside with them, and be supported, maintained, instructed and educated by that congregation or community, according to the rules, regulations and requirements of that congregation or community, during the time and so long as they obey, abide by and conform to the rules, regulations, instructions and requirements of that congregation or community.
43.The husbands, wives and children of each and all of the members of a congregation or community, who are not members thereof, shall give and devote all their time, labor, services, earnings, and energies to that congregation or community and purposes for which it is formed, freely, voluntarily and without compensation of any kind whatsoever other than as herein provided, and obey and conform to all the rules, regulations and requirements of the congregation or community, while they remain in or with the congregation or community.
The expulsion of members is specifically dealt with in Article 46:
46. Any member of a congregation or community may be expelled or dismissed therefrom at any annual or general meeting of that congregation or community upon a majority vote of all the members thereof, or upon the request of such member, or by his or her having left or abandoned the congregation or community, or having refused to obey the rules and regulations and the officers of the congregation or community, or having refused to give and devote all his or her time, labor, services, earnings and energies to the congregation or community and the purposes thereof, or to do and perform the work, labor, acts and things required of him or her by the congregation or community or to attend and engage in the regular meetings, worship and service of the members of the congregation or community.
B. The Articles of Association of Lakeside Colony
The Lakeside Colony's Articles of Association were originally entered into on November 12, 1987. The preamble recites that the signatories have associated themselves into a community based on their religious beliefs, and that they have agreed to enter into the Articles for the purpose of regulating the affairs of the community.
Article 13 establishes a Board of Directors which shall have from three to seven members. The Minister of the Congregation chosen by the church is the President, and the Steward chosen by the congregation is the Secretary-Treasurer. According to Article 21, the President is the chief executive officer and head of the colony, and has the active management of its affairs.
Article 42 establishes that title to land owned by the colony is to be held by a holding company in trust for the colony.
The meetings of the colony members are governed by Articles 4 to 11. Quorum is set at four fifths of the male members of the Colony, and it is only the male members who may vote. An annual general meeting is established, of which no notice is necessary. Special meetings may be held on the order of the President. Notice of a special meeting may be given by announcement at any church meeting of the colony.
Articles 32 to 35 deal with the rights and duties of members in the same manner as does the church constitution quoted above, with minor variations. The question of property ownership is also dealt with in Articles virtually identical to those in the church constitution.
The matter of expulsion is dealt with explicitly, in Article 39:
39. Any member of the Colony may be expelled or dismissed from the Colony at any general or special meeting of the Colony upon a majority vote of the voting members thereof for his or her having left or abandoned the Colony or having refused to obey the rules and regulations of the Hutterian Brethren Church or of the Colony; for having refused to give and devote all his or her time, labor, services, earnings or energies to the Colony and the purposes thereof, or to do and perform the work, labor, acts and things required of him or her by the Colony, or to attend and engage in the regular meetings, worship and service of the members of the Colony.
Any member may resign or withdraw from membership voluntarily.
Without limiting the generality of the foregoing, any member who shall cease to be a member of the Hutterian Brethren Church shall leave the Colony and shall have no claim to any property of the Colony. We acknowledge that all Canadians have the right of freedom of religion, but we hereby covenant, promise and agree that if any of us shall change his or her religion and shall cease to be a member of the Hutterian Brethren Church, that he or she shall leave the Colony.
In the event of any group of members leaving and ceasing to reside in the Colony, for the purpose of forming a new Hutterian Colony or "daughter Colony," then those persons moving to the new Colony shall cease to be members of Lakeside Colony and shall be members of the new Colony.
C. The Act
A corporation named "The Hutterian Brethren Church" was incorporated by a private Act of Parliament entitled An Act to Incorporate the Hutterian Brethren Church. This legislation took effect on May 31, 1951. Section 1 recites the names of the petitioners for the Act, and incorporates the church. Section 2 establishes the nine-member Board of Managers. Section 3 establishes the Head Office at Wilson Siding, Alberta.
Sections 4 and 5 establish the objects of the church and the powers of the Board of Managers:
Section 6 provides for the enactment of by-laws: