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Concept
Supreme Court cases involving Jehovah's Witnesses by country
Summary
Numerous cases involving Jehovah's Witnesses have been heard by Supreme Courts throughout the world. The cases revolve around three main subjects:
practice of their religion,
displays of patriotism and military service, and
blood transfusions.
The Supreme Courts of many states have established the rights of Jehovah's Witnesses and other faiths to engage in the practice of evangelism.
On July 11, 2011, the Grand Chamber issued a ruling for Bayatyan v. Armenia; Armenia was found to be in violation of ECHR Article 9 (right to freedom of religion or belief) in the conviction of Mr. Vahan Bayatyan, a Jehovah's Witness and Armenian national, for draft evasion.
The Supreme Court of Canada has made a number of important decisions concerning Jehovah's Witnesses. These include laws that affected activities of Jehovah's Witnesses in the 1950s and more recent cases dealing with whether Witness parents had the right to decide what medical treatment was in the best interest of their children based on their faith.
On November 15, 1955 (Chaput v Romain [1955] S.C.R. 834), a Jehovah's Witness member successfully brought action against police officers for disrupting a religious meeting and seizing articles. The entry and the seizure were made without a warrant. No charge was laid against any of the participants including the appellant and the items seized were not returned.
On January 27, 1959 (Roncarelli v Duplessis [1959] S.C.R. 121), the Supreme Court of Canada found that Maurice Duplessis, the premier of Quebec, wrongfully caused the revocation of Frank Roncarelli's liquor licence. Roncarelli, a Jehovah's Witness, was a restaurant owner in Montreal who offered bail security for members of his faith arrested by the Municipality. The Witnesses were frequently arrested for distributing magazines without the necessary permits under a city by-law. The Chief Prosecutor of the city, Oscar Gagnon, overwhelmed by the number of Witnesses being arrested and then released as a result of Roncarelli's intervention, contacted the Premier who spoke to Edouard Archambault, Chairman of the Quebec Liquor Commission.
Official source
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