By Lloyd Mackey

THE SUPREME Court of Canada decision requiring all drivers' licenses in Alberta to carry photo identification will "have a profound effect on the Hutterian Brethren, with their belief on the communal ownership of property and their rural lifestyle," according to the lawyer who represented the Hutterites.

Last week, the court ruled 4-3 that vehicle operators in the colony can be required to have their photos taken and placed as part of identification on their drivers' licenses.

"That put to them the test of reality," said Greg Senda, the Lethbridge lawyer for the Hutterite Wilson Colony. "Now it is up to the Hutterian Brethren to look deep into their souls, regarding what religious beliefs can or cannot do."

The Evangelical Fellowship of Canada (EFC), as one of the interveners in the case, stated in a press release that the court had "clarified group religious freedom" rights, but added that the court failed "to recognize the impact the ruling will have on the Wilson Colony's expression of their religious beliefs."

Another intervener, the Christian Legal Fellowship, reinforced that misgiving.

Don Hutchinson, EFC vice-president and general legal counsel, also stated in the press release: "Although the Supreme Court ruled narrowly -- 4 to 3 -- in favour of the Alberta government's photo-licensing program, the strong dissenting opinions of Justices Abella, LeBel and Fish combined with comments of Chief Justsic MacLachlan have added helpful jurisprudence in regard to an understanding of the community or group aspect of religious freedom in application of the Charter of Rights and Freedoms. As Justice LeBel stated, 'religion is about religious beliefs, but also about religious relationships.'"

Hutchinson also said this was an ideal case for the court to clarify group religious rights as it "did not involve accommodating criminal activity (like polygamy) or recognizing alternative legal systems (like Shari'a law)."

As to what the Wilson Colony might do, there is some time for them to give the deep thought that their lawyer suggested. Several dozen colony drivers have licences that won't expire for another two or three years.

Some advisors are suggesting that the Colony might want to move to Manitoba or some other jurisdiction that does not require photo identification on their driving permits.

Supreme Court Chief Justice Beverley McLachlin suggested that religious groups might have to accept some costs with respect to their freedoms, because driving in and of itself is not an inherent right.

"Many businesses and individuals rely on hired persons and commercial transport for their needs, either because they cannot drive or choose not to drive," she wrote, as part of her finding in the court's decision.

While the group holds strongly to its beliefs, especially, in this case, "as to what the second commandment says about graven images", Senda said there can be a fair amount of communication back and forth within the community about how to actually apply the Bible.

Hutterites fall into at least three categories, including the more "conservative" Dariusluet group that was part of this court action, the more "liberal" Schmideluet group, and a third group, the Lehrerluet, best described as a middle-of-the-road group.

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All three groups are strongly committed to communal living, simple lifestyle and a rigorous adherence to piety and non-violence. But they differ on the rigidity of application, with respect to those principles.

This is not the first time Hutterite beliefs and lifestyle have come into tension with their neighbours in Alberta. Their efficiency and the growth of their colonies in the 1940s had small town business people and non-communal farmers often envious of their success. The province passed laws, at that time, limiting expansion and additional land purchases by the colonies. In the 1970s, the laws were rescinded, as human rights thinking changed in the general populace.

Related stories:

Hutterites lose Old World-New World court clash over photos
A badly split top-court judgment denying Hutterites an exemption from mandatory driver's licence photos is a setback for religious rights, critics say. And one of the most surprisingly forceful voices against the decision Friday came from the fractured court itself: dissenting Justice Rosalie Abella.
Canadian Press, July 24

Hutterites lose licence photo battle
In a showdown between security concerns and freedom of religion, Canada's top court has ruled Alberta's government has the right to demand that members of two religious colonies be photographed for their driver's licences. The Supreme Court of Canada ruled 4-3 in favour of the province in a decision released yesterday.
Shannon Proudfoot, Canwest News Service, July 25

Hotly-debated Hutterites' shutter-rights decision by the Supremes shows the need for clarity on "religious belief"
"Religious Beliefs" is not some unitary, holy icon under whose banner any and all notions are magically endowed with unassailable sanctity. There are many religious beliefs, some important, some not so much in terms of human rights. Some are even downright silly. The deference exhibited by this decision's dissenters to a quirky and irrational interpretation of a Bible injunction on graven images held, for good reason, by a billion other Bible followers to refer to God, not people, can take us to ridiculous places.
Barbara Kay, Full Comment, National Post, July 27

In wake of court ruling, Hutterites contemplate leaving Alberta
Due to religious objections, Albertan Hutterites had been exempt from having their likeness appear on licenses since 1974 -- but 2003 ruling changed that
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Say cheese!
The Hutterites occupy a peculiar, difficult-to-define place in the life of Alberta. One cannot fully explain to outsiders the particular mixture of pity, respect and contempt with which they are regarded. They are ever visible, yet hard to comprehend, even for those who have studied their radical Protestant Reformation origins. We see them as quirkily old-fashioned, yet in the 16th and 17th centuries they were among the masters of high technology in Europe, producing its most beautiful ceramic goods and training some of its most respected physicians.
Colby Cosh, National Post, July 28

The bureaucratic state marches on
An aggressive bureaucratic mentality in Alberta has forced an important religious freedom case to the Supreme Court of Canada, with serious consequences for the Hutterian Brethren of Wilson Colony.
Father Raymond J. de Souza, National Post, July 30

July 30/2009