A c.

Watch Tower Bible and Tract Society of Canada

2019 QCCS 729
SUPERIOR COURT
CANADA
PROVINCE OF QUEBEC
DISTRICT OF MONTREAL.
NOT :
500-06-000886-172
DATE: February 27, 2019
_____________________________________________________________________
_
UNDER THE CHAIR OF THE HONORABLE CHANTAL CORRIVEAU, JCS
_____________________________________________________________________
_
AT
complainant
c.
WATCH TOWER BIBLE AND TRACT SOCIETY OF CANADA
-and-
WATCH TOWER BIBLE AND TRACT SOCIETY OF PENNSYLVANIA
-and-
WATCH TOWER BIBLE AND TRACT SOCIETY OF NEW YORK, INC.
-and-
CHRISTIAN CONGREGATION OF JEHOVAH'S WITNESSES
defendants
_____________________________________________________________________
_
JUDGMENT
_____________________________________________________________________
_
[1] Ms. A asks the Tribunal to authorize her to take a class action at
against four entities related to Jehovah's Witnesses .
CONTEXT
[2] The applicant, a member of a family of Jehovah's Witnesses , was
victim of sexual assault from her brother while she was a minor. She
reproaches the defendants for their lack of comfort, protection and appeasement.
[3] As a result of the sexual assault of which the plaintiff was a victim,
that she was a minor, she spoke to her family, to a Witness
Jehovah and an elder , one of the spiritual leaders of the organization. These latter
discouraged her from reporting her abuser to the police, as she would have
risked to tarnish the image of Jehovah god 1 .
PREVIEW
[4] The plaintiff wants to sue the defendants for their breaches
as to its protection and the deterrence of reporting to the police authorities the
sexual abuse given the culture of silence that animates the community of Witnesses of
Jehovah . She sued the defendants so that she and the thousands of people
experienced the same situation be compensated for moral and pecuniary damages
suffered. In addition, she is seeking a conviction for punitive damages.
[5] The plaintiff also wishes to sue the defendants on behalf of
all the victims of sexual assault, this time, committed by an elder on
members of the organization.
[6]
The defendants oppose by raising several means: in a first
time, a request for a declinatory exception was made by the three
defendants in the United States, since they consider that they have no connection
with the plaintiff.
[7] With respect to the defendant Watch Tower Bible and Tract Society
In Pennsylvania ( WTPA ), the Tribunal is satisfied with the Applicant's connection
with this entity. This company is responsible for the communication and
dissemination of
all teachings for the Jehovah's Witness community and, well,
whether it is incorporated in the United States, it is these same publications that are
diffused throughout the world, including in Canada, even in French.
[8]
The Tribunal is of the view that the defendant Christian Congregation of Jehovah's
Witnesses ( CCJW ), created in 2000, is not related to the facts raised by the
Applicant. The plaintiff has not established that this US defendant
perform any action in Canada.
[9] As requested, Watch Tower Bible and Tract Society of New York
( WTNY ) would be a subsidiary of the Watch Tower Bible and Tract Society
Pensylvannia, which is the commercial and administrative body of the Witnesses of
Jehovah in the United States. In Canada, it is the defendant Watch Tower Bible and
Tract Security of Canada ( WTC ) performing this role. WTNY has established its
right to
the exclusion of the proceedings, on the ground of lack of jurisdiction of the
the absence of a connection with the plaintiff.
1 reremodifiée Request for authorization to exercise collective action and to be granted the status of
Representative dated December 7, 2018, ss. 23.1. (hereinafter referred to as
"Request").
[10] Finally, it should be noted that the respondent WTC submits that Ms.
A is prescribed. It submits that the three-year limitation period is applicable to
particular facts raised by the plaintiff. The Tribunal considers that it is rather the
prescription of 30 years, as provided for in article 2926.1 of the Civil Code of Québec
( CCQ ) which is applicable, so that in the absence of a prescription element
The Tribunal is blatantly dismissing this defense at the authorization stage.
[11] For the rest, the defendants' arguments related to the absence of
demonstration by the plaintiff of a legal syllogism.
[12] At the end of the analysis of this criterion dictated by Article 575 (2) of the Code
of
Quebec Civil Procedure (CCP), the Tribunal will find that the plaintiff
blame the defendant for deficiencies that are not based solely on
opinion on its part, but on factual elements from the documentation issued by
Defendants and reported facts. It is not, as the
defendants of Jehovah's Witnesses religion trial . The Court considers
that this criterion dictated by article 575 (2) Cpc is satisfied.
[13] With respect to the representative status of the plaintiff, the Tribunal
is of the opinion that she meets the factor both with regard to sexual assault against
minors, a situation identical to that experienced, as well as to represent the
subgroup that pursues the Ancients .
[14] The Tribunal will, however, limit the subgroup to the victims assaulted
that they were minor.
[15] The Tribunal is of the view that there are enough common issues to
authorize collective action.
[16] Given that the remedy is based on sexual assault,
collective action is the appropriate means. It would be difficult and impracticable for
members, individually, to come out of the shadows and try to assert their
claims.
THE QUESTIONS
[17] The Tribunal will address the following issues:
1. Did the plaintiff establish a legal relationship against the three
Defenders Watch Tower Bible and Tract Society of Pennsylvania ( WTPA ),
Watch Tower Bible and Tract Society of New York ( WTNY ) and Christian
Congregation of Jehova's Winesses ( CCJW )?
2. Is the plaintiff's action time-barred?
prescription of 3 years?
3. Does the request contain sufficiently precise factual allegations
to establish a link between the damages alleged by the plaintiff and the
faults she blames the defendants?
4. Did the Applicant establish that it would be impractical to proceed with
individual remedies?
5. Did the Applicant establish that there are enough questions
despite the variations that may exist between each of the
potential claimants?
6. Does the applicant have an interest in acting as a representative for both
subgroups presented?
[18] The Applicant asks the Tribunal to institute a class action in the name of
people in Quebec belonging to the following groups:
"All persons who are or have been Jehovah's Witnesses and who
allege that they have been sexually assaulted in Quebec by a person
occupying the role of Elder (the " Sexual Assault Subgroup " by
Elders "). "
and
"All persons who are or have been Jehovah's Witnesses and who
allege that they were sexually assaulted in Quebec while they were
by a Jehovah's Witness (the " Sexual Assault Subgroup ")
of a minor person "). "
[19] Thus, the Tribunal will address the first question related to the submission by
the three US defendants of an application for a declinatory exception.
1. S ST - WHEREAS THE APPLICANT HAS ESTABLISHED A RIGHT OF LAW IN RESPECT OF THE THREE
DEFENDANTS W ATCH T OWERs B TARGET AND T RACT SOCIETY
OF P ENNSYLVANIA (WTPA)
W ATCH T OWER B IBLE AND T RACT SOCIETY OF N EW Y ORK (WTNY) AND C HRISTIAN
C NGOREGATION OF J EHOVA ' S W INESSES (CCJW)?
[20] The inadmissibility of the appeal is based on a request made under
Article 3148 (3) of the Civil Code of Québec :
3148. In personal actions of a patrimonial nature, the authorities
Quebecers are competent in the following cases:
3 ° A fault has been committed in Quebec, a loss has been suffered, a fact
damaging occurred or one of the obligations arising from a
contract was to be executed;
(bold type added)
[21] The parties agree that it is under the third paragraph that the
relationship between the plaintiff and the defendants must be assessed. The
US defendants argue that this criterion is not met. It is therefore
to assess whether a relationship exists between the plaintiff and each of the defendants
to support collective action.
[22] With respect to WTPA, it is a non-profit association
incorporated in Pennsylvania in the United States in 1884 2 .
[23] According to the objectives of the company WTPA, it acts everywhere in the
world. His
activity is not restricted to the United States.
[24] She practices in the religious, educational and charitable fields to promote the
religion known as Jehovah's Witnesses . It acts under the guidance of the
Central College which we will discuss later.
[25] It was in 1925 that WTPA would have created a Canadian corporation,
dissolved today, referred to as International Bible Student's Association of
Canada ( IBSAC ) 3 .
[26] The company WTPA publishes literature and the biblical works of which it
owns copyrights that are broadcast around the world, including in Canada 4 .
[27] For the Tribunal, the fact that WTPA owns the copyrights and
act as the body that prepares the documentation and ensures its dissemination, creates
a
link between this American society and members of the Witness Community of
Jehovah who adhere to the dictates that are inscribed there, including
Canada. The Ancients ,
members and alleged victims of sexual assault in Canada follow these
teachings strictly.
[28] At this stage, it is sufficient to establish a link between the criticisms made and
the story of
the plaintiff. The Tribunal agrees with the defendant WTPA that,
for the purposes of assessing the connection, the plaintiff can not simply
affirm that the facts must be kept true. These facts must be based on
evidence, normally from the documentation produced. In the case
present, the fact that WTPA is circulating the rules that alumni and members feel
imperatives, which must be respected, is an unavoidable element that is not
not and can not be questioned. These facts stand out from the whole of the
documentation produced by both the plaintiff and the defendants. The
2 See Exhibits P-1 and P-28; Pennsylvania society adopted its current name in 1955 while
formerly known as Zion's Watch Tower Tract Society and Watch Tower and Tract
Society
Exhibit P-29.
3 Exhibit P-30.
4 See Exhibits P-1, P-11, P-13, P-16 and P-28.
documentation that is distributed in Canada is developed by WTPA. This element
also emerges from the evidence available at this stage.
[29] This documentation contains the rules that bind Elders and members.
The alleged faults arise from the rules circulated and imposed on the members. it
is sufficient to establish a bond of attachment within the meaning of Article 3148 (3)
CCQ
[30] According to the Tribunal, the application for a declinatory exception against
WTPA must therefore
to be rejected since the criteria of attachment, with that defendant, are
satisfied.
[31] With respect to WTNY, it is a non-profit corporation
established in New York in 1909 5 . According to the plaintiff, WTNY is a subsidiary
of WTPA
although there are no corporate documents that support this alleged. According to
plaintiff, WTNY acts as commercial and administrative agent for the entire
the organization of Jehovah's Witnesses 6 .
[32] In terms of the objectives pursued by the WTNY 7 association , the company
WTNY operates in the United States.
[33] The plaintiff alleges that WTNY, like WTPA and CCJW,
act under the direction of the Central College 8 .
[34] Although the three US defendants have common goals, this
is not sufficient to establish a connecting factor with the procedure
brought by the plaintiff.
[35] The simple fact of claiming that in the event of the liquidation of WTPA, it is
the WTNY and CCJW companies that would receive the remaining assets 9 is not
sufficient to
establish a legal relationship with the plaintiff's claim.
[36] All the other allegations in Application 10 refer to the activities of WTNY in
United States. These activities can be paralleled with WTC's activities at
Canada, which acts as commercial and administrative agent. Nothing in the
The procedure does not lead to the conclusion that in Canada there are two companies
as a commercial and administrative agent, namely WTNY and WTC.
[37] It is therefore very difficult to conclude that there is a sufficient link of
attachment between the
misconduct alleged by the plaintiff and the damages she claims to have suffered.
It's hard to understand how the actions of WTNY could have
5 Exhibit P-2.
6 Exhibit P-3.
7 Application by. 56.2; Pieces P-2.
8 Request by. 54.1; Exhibit P-2 (WTNY), P-28 (WTPA), P-32 (CCJW).
9 Application by. 56.2; Exhibit P-2.
10 Prev, note 1.

influence on the plaintiff in the absence of a link between the alleged faults and the
damage suffered. In addition, the documentation produced does not make it possible
to establish
of this entity in Canada.
[38] The allegation that one of the WTNY board members is
also a member of the Central College, described as the group of individuals holding
supreme authority over Jehovah's Witnesses , does not provide a clear link
attachment.
[39] The Tribunal therefore grants WTNY the declinatory
also.
[40] With respect to the third defendant, CCJW, the Tribunal had authorized
the solemn declaration of one of its representatives, Mr. Jefferson, and one
interrogation followed.
[41] According to Mr. Jefferson's statement, CCJW operates in the United States and
in
Caribbean. It does not operate in Canada and has no connection with the Canadian
entity
or by far. It was also incorporated in the year 2000, well after the allegations of
the plaintiff as to the abuse she suffered. The interrogation of Mr. Jefferson did not
not allowed to establish a connection to the role of CCJW and the claim
of the plaintiff. By granting CCJW's request to file evidence
11 appropriate, namely the declaration of Mr. Jefferson, the Court has already

expressed its reservations as to the possible link with this defendant.

The examination did not provide any evidence to satisfy this criterion.
[42] As for the defendant, CCJW, created in 2000, declares that it acts solely
in the United States. Some of the revised documentary evidence appears to contradict
this
affirmation.In fact, several bulletins sent to Alumni in Canada both in version
English version than in French, concerning Jehovah's Witnesses' policies in
sexual assault, dating from 2006 and 2012 12
perplexed. They come from Christian Congregation of Jehova's Witnesses
the address is the same as for Watch Tower Bible and Tract Society
Canada .
[43] This suggests at first sight that these ballots come from the
US defendant CCJW. However, the interrogation of his representative
Mr. Jefferson has clarified this question. There are indeed two companies carrying the
Christian Congregation of Jehovah's Witness. One, the defendant
incorporated in the United States acting on that territory and in the Caribbean and a
second
incorporated in Canada acting on Canadian territory. The latter is active at
from the same offices as WTC and is not a party to these.
11 Judgment of the undersigned, dated November 28, 2018.
12 See Exhibits DWTC-12 to DWTC-18.

[44] Thus, there is no apparent connection between the US defendant CCJW and the
Applicant. The Court therefore accepts the claim of inadmissibility
CCJW.
[45] As defendants in the record, he will remain WTPA and the other defendant
Canadian The Watch Tower Bible and Tract Society of Canada (WTC).
2. IS THE ACTION OF THE APPLICANT PRESCRIBED WITHIN A TIME FRAME OF
PRESCRIPTION OF THREE YEARS ?
[46] The Tribunal is now proceeding to consider the limitation argument of the
remedy as supported by the defendant WTC. The latter argues that this is the
three-year limitation period which is applicable in the present case and not that of
30 years. If this is the conclusion, the appeal must fail because it was undertaken late.
[47] WTC recognizes that section 2926.1 of the Civil Code of Québec establishes a
30-year limitation period for any claim related to injury
of sexual assault, here is the text:
2926.1. An action for compensation for bodily injury resulting from an act
constitute a criminal offense prescribed by 10 years from the day on which the
the victim is aware that his injury is attributable to this act. This delay is
However, if the injury results from a sexual assault,
violence experienced during childhood, or the violence of a spouse or
former spouse.
In the event of the death of the victim or the author of the act, the applicable time limit
has not already expired, is reduced to three years and runs from death.
[48] WTC also acknowledges that at the class action authorization stage, this
are only glaring situations that command a rejection of the application to this
step 13 . The Tribunal must exercise extreme caution and avoid holding back a
defense against an application for authorization by means of
prescription 14 .
[49] That said, WTC believes that we are in such an exceptional situation.
She argues that Ms. A's recourse is based on a fault resulting from the absence of
denunciation of an attack already suffered.
[50] For this defendant, Ms. A's situation must be distinguished from
claim for damages resulting from sexual assault. According to WTC, the default
alleged by Mrs A occurred after the last attack and constitutes
13 Godin c. Canadian Red Cross Society , JE 93-1126 (CA).
Beaulne c. Bélanger , 2016 QCCS 5387, by.104
14 Asselin c. Desjardins Financial Services Firm, 2017 QCCA 1673.

a separate element. It is from this later event that we must begin the
computation of the limitation period.
[51] According to the Tribunal, the plaintiff's claim results from an assault
sexual. It is in the context of this sexual assault that the plaintiff
reproaches the defendants for its prejudice, namely the lack of protection and support
which they have shown.
[52] The sexual assault of which the plaintiff was the victim is central to
reproaches made by the latter to the defendants. The plaintiff alleges
a fault in their duty of comfort, protection and appeasement. All these
elements are intrinsically linked to the sexual abuse of which she was the victim.
[53] The wording of article 2926.1 CCQ does not include a definition of fault
which is charged except to establish a 30-year prescription in the event that the
prejudice arises from sexual assault. It is the sudden injury that serves to establish the
limitation period. The fault as for it is not limited to the author of the aggression
sexual.
[54] The duty to protect has already led to the prosecution of someone in authority
in similar cases. For example, the prosecution against the father of a
victim who did not protect his son while he was the victim of an assault
sexual abuse by an uncle and his cousins 15 .
[55] The protection sought by Ms. A can be understood as preceding the
sexual assault and at the end of it. The Tribunal recognizes that there is no
no other allegation, which suggests that once Ms. A denounced
with an elder and a Jehovah's Witness , the sexual assault of which she was
victim that she has been the victim of further sexual assault. Despite this,
she invokes the lack of protection she may have felt as soon as she felt
as she claims, not supported by the Jehovah's Witness community .
[56] Accordingly, at this stage, the grounds for prescription can not be dismissed
Ms. A's request as the defendant WTC would like. It is not possible to
conclude that lack of protection as a result of the most recent sexual assault
constitute a separate and distinct act from the sexual assault to be analyzed from
independently. As mentioned, article 2926.1 CCQ does not make it possible to
such distinction.
[57] The argument of rejection of the application on the grounds of prescription is
refused at the
the application for authorization.
The class action proposed by the plaintiff
EL 15 c. GL, 2017 QCCS 1762, par.42 to 46.

[58] The Tribunal must now determine whether the four conditions of section 575 of
the
Code of Civil Procedure of Quebec are satisfied for the purpose of authorizing the
exercise of
collective action by Ms. A.
[59] The Applicant seeks leave of the Tribunal to bring an action
on behalf of the persons belonging to the two sub-groups namely the sub-group
Alumni Victims Group and the Minor Victims Subgroup.
[60] The plaintiff thus formulates the faults she blames the defendants
to the members of the group:
1. With respect to "Subgroup of Sexual Assault by Elders ":
i) Have incurred their responsibility as principal in relation to
sexual assaults committed by Elders on Witnesses of
Jehovah ;
ii) Having negligently inflicted psychological pain and suffering
resulting from the defendant's failure to support and protect
Jehovah's Witnesses adequately to the abuses perpetrated by the
Elders
(iii) Failure to denounce the commission of sexual assaults by
Elders when they knew or should have known that assaults
were perpetrated by Elders ;
(iv) Deliberately, unjustifiably, intentionally and vexatiously inflicted
psychological pain and suffering resulting directly from the conduct
Defendants and Elders to Ignore Sexual Assault
committed by the Elders and fail to report them to the authorities.
B. With respect to "Sexual Assault Subgroup on a Person
minor ":
i) Develop, maintain and apply systemic policies and practices
creating and maintaining an environment conducive to the commission of aggression
sexual abuse of minors Jehovah's Witnesses ;
(ii) To negligently permit sexual assault to be
perpetrated by Jehovah's Witnesses on minors
Jehovah's Witnesses ;
(iii) Having negligently inflicted psychological pain and suffering
resulting from the defendant's failure to support and protect
adequately the members of the sexual assault subgroup on a
a minor of the assaults perpetrated.

iv) Failure to report sexual assault on persons

minor Jehovah's Witnesses while the defendants knew or
should have known that sexual assaults were perpetrated on
minors;
v) To have incurred their liability as principal in relation to the default
by the Elders to denounce the sexual assaults perpetrated on
minors Jehovah's Witnesses ;
(vi) Having deliberately, unjustifiably, intentionally and vexatiously inflicted
psychological suffering resulting directly from the misconduct of
Defendants and Elders to Ignore Sexual Assaults
on minors and to omit to report them to the authorities.
[61] The Applicant requests, on behalf of herself and other members of the
group, the collective recovery of the following damages:
1. $ 150,000 in moral damages per Class Member;
2. $ 100,000 in punitive damages per Class Member for reasons of
illegal and intentional infringements of the rights of Group Members by
defendants; in violation of the Charter of Rights and
freedoms of the person .
3. An amount of pecuniary damages to be determined at the time of the trial;
4. Interest at the legal rate, plus the additional indemnity provided for in Article
1619 of the Civil Code of Quebec .
5. Legal costs, including expert fees, if any, and fees
publication and notice, of an amount to be determined at the hearing.
The particular situation of the plaintiff
[62] The applicant was born in 1972 in Quebec to a family adhering to
the religion of Jehovah's Witnesses . She was baptized in 1988 in this group.
[63] His older brother, who was about 13 years old, was also a Jehovah's Witness just
like
his father and his mother.
[64] The applicant's brother allegedly assaulted her while she was a baby. He left
the family home while the plaintiff was 5 years old. He came home
family while the plaintiff was 16 years old. The attacks started again.
It was also at this time that the plaintiff's brother confessed to him
assaulted at the age of 10 months.

[65] At the time of the brother's return home while the plaintiff is 16 years old,
he informs their mother about sexual assaults on her sister.
[66] The plaintiff confronts her brother for the first time and asks his mother
to intervene to protect it. This last command to silence 16.
[67] The applicant states that the father was informed of the sexual assault.
No family member wanted to help him or denounce these acts to
authorities.
[68] The Applicant consulted another Jehovah's Witness and an Elder ,
seeking comfort, protection and appeasement 17 .
[69] When the Applicant told them to Jehovah's Witness and the Elder
that she was thinking of going to the police to denounce the abuser, her brother. These
last him
would have answered that she should abandon this idea otherwise she would tarnish
the image of God Jehovah 18 .
[70] The applicant, aged 17, concludes that she must leave the family home
to get away from the destructive environment in which she lived. 19
[71] In 1996, at the age of 24, the applicant was excommunicated from the
community 20 . The procedure is silent as to the reasons and circumstances of
this excommunication.
[72] The Applicant says that neither her family nor the Jehovah's Witness she had
contacted, nor the Elder have denounced the crimes she had entrusted to them from
his brother 21 . Elders act in Jehovah's Witnesses as leaders
of each congregation 22 . The elders have ultimate authority over
Jehovah's Witnesses 23.
[73] The Applicant claims to have suffered more sexual assaults
lack of support and protection from his parents, from the consulted Elder and from
the other Jehovah's Witness, all of these members of Jehovah's Witnesses being at
aware of sexual abuse by his brother 24.
The legal principles applicable to the authorization
16 The Claimant reports that her mother told her, "You could have shut up your mouth" (Application para 22)
17 Application by. 23.
18 Application by. 23.1.
19 Application by. 24.
20 Application by. 25.
21 Application by. 26.
22 Application by. 71.
23 Application by. 72.
24 Application by. 27.

[74] The authorization of a class action is a filtering mechanism 25 that serves to

determine whether the procedural means chosen are adequate 26 . We must not settle
the substance or
receive and consider the defenses that will be assessed, if the remedy is
authorized, at the previous stage 27 . Rather, it must be ascertained whether the
applicant has exhibited
arguable cause or burden by being a demonstration 28 .
[75] Thus, the Tribunal must adopt a "flexible, liberal and generous" approach
(in its assessment) conditions of authorization 'with the aim of facilitating
the exercise of class actions as a means of achieving the dual purpose of
deterrence and compensation for victims 29 .
3. DOES THE APPLICATION CONTAIN FACTUAL CLAIMS
SUFFICIENTLY ACCURATE TO ESTABLISH A LINK BETWEEN
DAMAGE
ALLEGED BY THE APPLICANT AND THE FAULTS WHICH IT
COMPLAINS
TO THE DEFENDERS?
[76] The Tribunal must first assess whether the criterion contained in the second
paragraph of
article 575 CCP is met, namely: "the alleged facts appear to justify the
conclusions sought. "
[77] The defendants argue that the allegations are too vague to establish a
fault or a link with the alleged damages. They consider that the source of
damages of the plaintiff is related to the incest of which she was victim and to the
fault
his parents for failing to protect their child.
[78] For the defendants, the plaintiff relies on her own opinion in order to
support a link between the lack of protection by Jehovah's Witnesses that she
invokes and the sexual assault of which she was victim.
[79] Moreover, the defendants argue that it is not for the Tribunal to
interfere in the evaluation of religious practices
[80] According to the request, the Organization of Jehovah's Witnesses is run by the
Central College, the latter being a group of seven influential men at the head
organisation. Central College is not incorporated. His seven
members, all men, are not defendants in the proceedings. Some of these
individuals sit on the boards of directors of US companies identified at the
procedure.
25 Infineon. 59 and 60.
26 Videndi, para. 37.
27 Asselin par. 133, Sibega, para. 83.
28 Infineon, para. 65.
29 Asselin c. Desjardins, 2017 QCCA 1673, ss. 29.

[81] As requested, Central College develops rules and policies and disseminates
Teachings to Jehovah's Witnesses around the World 30 .
[82] WTPA owns copyright in the writings for Jehovah's Witnesses .
According to the request, the Central College designates and supervises the national
seats in
the different countries 31 , including WTC in Canada 32 .
[83] The national headquarters of which WTC acts under the effective guidance of the
College
Central to spread these rules and policies of the organization 33 .
[84] The national seats are divided by a subsidiary committee assisted by several
committees 34 .
[85] Each national seat is composed of several congregations. Each
congregation is led by four or five spiritual leaders, " elders ". The committee
formed by the Ancients is called "Council of Elders" 35 .
[86] The elders , all men, hold and exercise ultimate authority over
members concerning any question.
[87] Until 2014, the Elders were appointed by the national seats. Since,
Elders are appointed by "Constituency Supervisors"; these being
appointed by Central College who remains involved in the nomination process
and the dismissal of an elder, just like the national seats. 36 .
[88] The Elders decide on the advisability of forming a judicial committee against
of a member and decide on his excommunication as well as his reinstatement 37 .
[89] Non-compliance with policies is denounced within the community, which
encourages isolation because the writings encourage members to regroup and
beware of those who are not Jehovah's Witnesses 38 .
[90] Thus, the policies encourage to respect the Biblical laws and not to denounce
to resolve complaints, internally, by a judicial council 39 .
30 Application by. 77, 78, 79; Exhibit P-16.
31 Application by. 57.
32 Application by. 59; Exhibit P-4.
33 Application by. 57, 57.1, 58, 61.1 and 71.
34 Exhibit P-11; Ask by. 60.
35 Request by. 57, 57.1, 58, 61.1 and 71.
36 Exhibit P-13; Ask by. 74, 75, 76.
37 Exhibit P-16 .; Ask by. 81, 89, 90, 91.
38 Application by. 92.
39 Application by. 93; Parts P-26 and P-27, reportage of the emission Investigation.

[91] With respect to sexual assault conduct, Elders receive the

to report to the legal department of the organization an assault
reported sexual abuse 40 .
[92] Elders must keep a record of reported sexual assault 41 and
maintain the confidentiality of the register.
[93] The applicant submits that the Directives encourage Elders not to
denounce aggressions and instead to undertake other modes of action, so that
the denunciation results from a professional third party or family member, despite the
power and the important influence exercised by elders over members.
[94] In addition, if an offense is established, a judicial committee will be formed to
confirm whether a wrong has been committed. An offense will be established if the
former confesses or
if two people have witnessed the harm 42 .
[95] A victim who is not believed at the end of the Judicial Committee can himself be
recognized libelator 43 .
[96] An unreduced victim may be excommunicated from the community or choose to
to leave. In either case, that person becomes excluded from the
community, its social network and life, and possibly its family, then
that she is already in a state of vulnerability 44 .
[97] The Applicant explains that an author of sexual assault may be subject to
sanction as excommunication. However, reinstatement is possible when
the aggressor expresses his repentance 45 .
[98] The Applicant states that hundreds of sexual assault complaints
were received in Quebec by Jehovah's Witnesses 46 .
[99] The Central College develops a doctrine disseminated on a global scale,
including
Canada, and that he addresses to the Elders . They make sure to spread the rules
to their members.
[100] The confidentiality of the entire whistleblowing mechanism means that
Members are invited to denounce a priority to the Veterans of
40 Exhibit P-22 DWTC 4, para. 106; Exhibit P-23 DWTC 5; Room DWTC 8; Exhibit P-25 DWTC.16,
DWTC.17, DWTC.18; P-16.
41 Pieces P-18; P-19, P-20.
42 Application by. 119 to 121; Exhibit P-25 DWTC-16; Part DWTC-9 and P-16.
43 Application by. 126.
44 Application by. 120 to 131.
45 Application by. 133.1 and 135; Exhibit P.16; P-26.
46 Application Par. 2, 175 and 176; Parts P-26 and P-27.

attacks on children of which they may be aware, to then incite

the Veterans contact the legal department of the organization.
[101] It recalls the existence of laws across Canada that
sexual assault against a child or any situation of abuse must be
denounced. In several publications, witnesses are given the choice of reporting or
no. Elders are invested in the role of investigators in deciding how to proceed.
The latter, at the end of the investigation, determine whether a sexual assault has been
committed. It is recommended to the family to privilege a denunciation by a third
party,
a treating doctor, or a psychologist or alternatively a member of the
family.
[102] Thus, the Elders avoid themselves to blame the denunciation of a
Witness Jehovah's Witness , but seek someone else to do
report to the authorities.
[103] Thus, Bulletin 47, dated July 29, 1988, explains the procedure to be followed. We
quote long extracts. The letter is addressed to Elders informed of an assault
sexual abuse of a child from which we quote here some excerpts:
The law in force in all provinces of Canada requires that assaults
children are reported to public servants concerned with the protection of
childhood, so that immediate action can be taken to protect
the children. The Jehovah's Witnesses certainly support this goal.
The challenge is to find the right balance between your obligation to report
such facts and your duty to preserve the confidentiality of
the congregation. We asked our Legal Office to give us
some tips, which we transmit to you below:
When to report?
A person has a duty to report if there are reasonable grounds and
likely to believe that there is aggression or a real risk of aggression and that
parents neglected to protect the child. The case will be reported on the spot to
local authorities for the protection of children. Sexual abusers are
notorious recidivists. Therefore, a thorough investigation
to make sure no other child is threatened by the same person.
Who should report?
Most provinces impose this duty on "everyone." The law does not provide for
no right of reservation. Generally, a person who makes a report of
good faith can not be pursued. A minister can not neglect this
obligation, otherwise it would be subject to prosecution, fines and penalties
imprisonment.
47 Exhibit P-18 DWTC-1 French version.

Does a minister have another choice?

Yes. A minister can make specific arrangements for someone
else make a report.
For example, family members should be encouraged to discuss
aggression with a family doctor. He may make arrangements
for therapy to be practiced by a competent professional in the
field of mental health. Then the family or the doctor could
report the situation. The aggressor could bring it back himself, what is
highly recommend to do. The usual result is that we will lend him
relief; Moreover, public servants are always more
an abuser who is asking for help.
However, Elders should be aware that once informed
of a situation, they have an obligation. They can not just hope that
someone else is going to report. They must ensure that such a report is
done without delay. Once reported, either by them or by someone else, they
have fulfilled their obligation.
[104] In the bulletin of 1 st October 1989 48 which refers to protect
confidentiality of such sensitive information:
The Elders have the responsibility to feed the flock, however they
Care must be taken not to divulge any information relating to
personal questions to anyone who is not entitled to know it. There is a
time to be quiet "when" your words must be few "
(Ecclesiastes 3: 7; 5: 2.)
[105] In the same bulletin, we mention the judicial committees in case of report
problematic. It is the internal judicial committees of Jehovah's Witnesses that
will act 49 .
[106] It is interesting to note, according to another bulletin of 2012 50 , Witnesses from
Jehovah state that biblical rules establish that a denunciation will be withheld
on the testimony of two or three people about sexual assault.
[107] The plaintiff produced two videos in the evidence from
the issue Enquête which devoted two episodes to the treatment of complaints
Sexual Abuse in the Jehovah's Witness Community 51 . These
reports contain the testimonies of different minors who were
sexually assaulted by members in Quebec and elsewhere.
48 Exhibit P-36 DWTC-2 French version, para. 3.
49 Tab 2: Letter of October 1, 1989: quote extracts "insists on silence and promises denunciation by
a third ". Bulletin Wake up April 22, 1985: Refer the legal department to know what
to do.
50 Piece P-25 DWTC-16 para. 11.
51 Parts P-26 and P-27.

[108] In short, the plaintiff blames the defendants for

to disseminate unavoidable and compulsory lessons for members of
Witnesses of Jehovah . This has the effect of facilitating the handling of complaints,
those of sexual assault, internally. This approach has the consequence
to establish the Veterans plenipotentiaries in this matter. These latter having as
concern not to tarnish the reputation of the community and therefore to promote the
the law of silence.
[109] In terms of misconduct, the plaintiff believes that the defendants are
lack of protection of minors in the absence of a whistleblower mechanism
the aggressors, which favors the impunity of the aggressors to the detriment of the
victims.
[110] In the particular case of the plaintiff, the alleged faults begin
at the time of denunciation to the Jehovah's Witnesses and the Elder , following the
second wave of sexual assaults committed by his brother, while the
applicant is 16 years old. All of which led to his decision to leave home
the age of 17, to be excluded from this destructive environment. Thus, the plaintiff
accuses the defendants, who represent the effective authority of the Witnesses of
Jehovah on all the members including the Elders , for having missed
comfort and appeasement related to these assaults. She adds that the lack of
protection results from the fault of the organization.
[111] In her proceedings, the applicant refers to the culture of silence reflected by
all the internal documentation coming from the organization is from the College
central which is broadcast notably by WTPA, CCJW and WTC.
[112] Thus, the plaintiff believes that the rules of Jehovah's Witnesses
favor the rule of silence, which ultimately promotes impunity for
detriment of the victims.
[113] She considers that the violation of her right to security gives her the right to
claim moral damages that it establishes at $ 150,000, a reserve to claim
pecuniary damages and $ 100,000 as punitive damages in violation of
section 9 of the Quebec Charter of Human Rights and Freedoms .
Analysis - Criterion 575 (2) of the Code of Civil Procedure
[114] At the authorization stage, the Tribunal is satisfied with a demonstration by the
plaintiff that the faults with which she complains are in relation to the loss suffered.
[115] The fault at its simplest expression comes from a deficient supervision of
members of the Jehovah's Witness community with a feeling
impunity for its members who engage in aggression. Given the politics of silence
who encourages in-house reporting of sexual assault,
this has the effect of protecting the aggressor more than the victim.

[116] The lack of protection and security resulting from the rules governing the
organization
of Jehovah's Witnesses , as disseminated and implemented by the defendants,
are related to the damages suffered by the plaintiff, whereas she is 16 or 17
the following.
[117] Indeed, the plaintiff, having resolved to leave the destructive family
environment
given the family's adherence to the dictates of Jehovah's Witnesses , has often felt
social isolation that resulted. The joint and several damages claimed by the
plaintiffs stem from its (moral and economic) prejudices. The
plaintiff does not claim the solidarity between the defendants as regards
the claim for punitive damages raising the breach of the duty of safety
provided for in the Quebec Charter of Human Rights and Freedoms . She believes
everything from
even be able to establish an intentional fault on the part of the defendants
chapter.
[118] The Tribunal is of the view that the Applicant alleges misconduct by the
defendants who caused him damages. The plaintiff's allegations
are not vague and ambiguous. They are not just allegations
based on opinions but of course on a set of substantiated facts.
[119] The plaintiff set out the alleged misconduct by filing extensive evidence
documentary incidentally supplemented by the defendants. This documentation
contains
the policies that govern Jehovah's Witnesses that illustrate the ambivalence between
the
duties imposed on citizens and the internal rules that command silence. He ... not
It is not enough to isolate the communications which invite the denunciation without
taking into
count all the ballots
which emphasize the obligation to
confidentiality, and the obligation to submit the complaint to the internal
investigation.
[120] Finally, contrary to the contentions of the defendants, class action
considered is not presented in order to prosecute a religion.
[121] Collective action does not call into question the beliefs conveyed. However,
it is possible to submit to the courts ways of doing things that may be at fault
and cause damage to victims. There is indeed a distinction to note. For
Tribunal, the proposed class action is not intended to bring proceedings against the
religion of Jehovah's Witnesses but rather certain modes of action.
[122] The Tribunal therefore concludes that the criterion of Article 575 (2) CCP is
met in
regarding the subgroup of attacks on minors by
Members of Jehovah's Witnesses .
[123] With respect to the proposed subgroup on sexual assault
caused by Elders , this poses a difficulty.
[124] At first, we know that the Elders are all necessarily
members of the Jehovah's Witness community.

[125] The Elders who committed sexual assault on a minor are therefore already
included in the definition of the first subgroup. Moreover, in addition to this element,
the
control exercised by the organization of Jehovah's Witnesses as the principal of
For the purposes of establishing a supervisory and therefore pre-
defendants against the Elders .
[126] The Applicant considers that the Elders are agents of the
defendant WTC which implements the rules developed and disseminated by WTPA.
Then, it is the Elders who broadcast and see to the application by the members
said rules.
[127] As a result, with regard to sexual assault against
minors, given the documentation currently produced in the record, the Tribunal
is in a position to hold that collective action may be aimed at child victims
sexual assaults perpetrated by Alumni or members of the Witnesses of
Jehovah .
[128] Moreover, a difficulty arises when the plaintiff wants to extend the
group to all victims of sexual assault, minor and major.
[129] The lack of protection and security for minors can be understood.
The plaintiff being a minor at the material time, although she was of age at
moment of excommunication. The same is true of people who have reported
sexual assault in the two programs of INVESTIGATION 52 . All
testimonies of victims report mistakes that occurred while they were
minor. Nothing in the file mentions the situation of victims
of sexual assault.
[130] The situation of adults is complicated by the notion of
consent that is analyzed differently for minors. The Court recognizes
however, when it comes to sexual assault, there is never consent.
However, the file is totally silent about the precise situation of victims
major.
[131] Consequently, it appears that this file, as constituted, does not allow
to establish a link between the facts alleged and the conclusions sought with regard to
victims of sexual abuse and it will be necessary to adjust the
proposed subgroups to limit them to minor victims.
4.
HAS THE APPLICANT ESTABLISHED THAT IT WOULD NOT BE
PRACTICAL TO
PROCEED BY INDIVIDUAL REMEDIES
[132] According to section 575 (1) CCP, the plaintiff must show that the claim
"Raises identical, similar or related questions of law or fact".
52 Pieces P-26 and P-27.

[133] The presence of a single question of law or fact that is related or

similar is sufficient if it can have a significant part of the link 53 .
[134] Even though the whole dispute can not be fully resolved by the action
Collective proposed, nothing is an obstacle to its approval 54 .
[135] Thus, the plaintiff lists the common issues to be addressed:
• Sexual Assault Commission by Jehovah's Witnesses (para 182 a)
• The neglect of the policies and practices of the organization (para.
182 (b) and (e)
• Consequences of the practices and policies of the organization (para 182 c) and
d)
• vicarious liability arising from wrongful acts of members or
of Alumni (para 182 h)
• Damages caused by the defendants in terms of non-pecuniary damage and
alleged economic benefits (para 182 h)
• The claim for punitive damages for intentional breach of duty
security enjoyed by everyone as prescribed by the Charter of Rights
and human freedoms (paragraph 182 (j) and (k)).
[136] In light of this summary of common issues, the Tribunal is therefore
is satisfied that the criterion of subsection 575 (1) Cpc is met.
5.
HAS THE APPLICANT ESTABLISHED THAT SUFFICIENTLY
COMMON ISSUES, DESPITE VARIATIONS THAT MAY
EXIST BETWEEN EACH OF THE POTENTIAL CLAIMANTS?
[137] The Tribunal must now "examine the composition of the group and
the opportunity to use collective action rather than the ordinary way ".
[138] The Tribunal must examine this issue under the specter of the objective pursued
collective action, the objective of which is to provide access to justice for
victims.
[139] According to the request, the defendants have received hundreds of complaints
sexual assault 55 .
53 Vivendi, para. 58; Infineon, para. 72, Sibiga, para. 121 to 128.
54 Montérégie Collective for the Defense of Rights (CDDM) c. Suroît Regional Hospital Center , 2011
QCCA 826, para. 22 and 23.

[140] The organization of Jehovah's Witnesses is very hierarchical, led by

men and encourages the culture of silence. Internal handling of complaints
of sexual assault being the illustration.
[141] It is easy for the Tribunal to conclude that, as a result, the victims who did not
not encouraged or supported in order to denounce these assaults.
the more the courage to confront their aggressor and the organization before the courts
in
instituting an individual prosecution 56 .
[142] The Tribunal finds that the number of persons who could potentially be
proposed groups, given the nature of the allegations and the specific criticism
confirms that collective action raises common issues. The procedural way
collective action is therefore more appropriate than a multitude of individual
remedies.
6.
DOES THE APPLICANT HAVE AN INTEREST TO ACT AS
REPRESENTATIVE
FOR THE TWO SUB-GROUPS PRESENTED?
[143] This criterion is evaluated according to three elements.
[144] The plaintiff's interest in the prosecution's proceedings
personal situation as a former member of Jehovah's Witnesses and resulting from a
family also adheres to the teachings 57 .
[145] The second element is the absence of a conflict of interest. Nothing in the
folder does not allow to doubt at this stage of this element.
[146] The third criterion concerns jurisdiction. The plaintiff declares
competent and again, there is no reason to question his competence in order to
to represent the members and to give instructions to his lawyers. The
The applicant therefore seems to be able to ensure adequate representation.
In conclusion, the Court authorizes Mrs A's request to bring an action
Collective Against Defendants Watch Tower Bible and Tract Society Canada
(WTC) and Watch Tower Bible and Track Society of Pennsylvania (WTPA)
FOR THESE REASONS, THE TRIBUNAL :
On the declinatory means:
[147] GRANT in part the defendant's defenses in respect of
regards Watch Tower Bible and Tract Society of New York ( WTNY) and Christian
Congregation of Jehovah's Witnesses ( CCJW ).
55 Application by. 2, 175 and 176 statement; Exhibit P-26 and P-27.
56 JJ c. St. Joseph's Oratory , par. 99 to 102; Tremblay c. Lavoie , para. 59.
57 Bank of Montreal c. Marcotte , 2014 SCC 55, 32)

[148] DISMISSES the appeal against the Defendant Watch Tower Bible and
Tract Society of New York ( WTNY ) and against defendant Christian
Congregation of Jehovah's Wintness ( CCJW );
ALL, without legal fees;
On the application for authorization:
[149] GRANTS this application for leave to institute a class action and
to be granted the status of representative;
[150] AUTHORIZES collective action in civil liability and damages
moral, pecuniary, punitive and exemplary against the defendants;
[151] ATTRIBUTES the applicant to the status of representative for the group
after describes:
"All minors who are or have been Witnesses of
Jehovah and who allege that they have been sexually assaulted in Quebec by
a person occupying the role of Elder (the " Aggression Subgroup "
by the Elders " )".
"All minors who are or have been Witnesses of
Jehovah and who allege that they have been sexually assaulted in Quebec,
by a Jehovah's Witness (the " Sexual Assault Subgroup " by
a Jehovah's Witness ")".
[152] IDENTIFIES as follows the main issues of fact or law that will be
treated collectively:
Did Elders and Other Witnesses Sexually Assault
Witnesses of minor age, including the plaintiff?
Were the defendants negligent in failing to take
measures to prevent the perpetration of sexual assaults on
minors by witnesses and elders , thereby committing
a fault within the meaning of the Civil Code of Quebec ?
Do the Defendants' Systemic Policies and Practices Have
facilitated the commission of sexual assaults on
including the plaintiff, thereby constituting a fault within the meaning of
of the Civil Code of Quebec ?

Have the defendant's systemic policies and practices

led to the non-denunciation of the said sexual assaults on
witnesses, including the plaintiff,
provincial authorities, thus constituting a fault within the meaning of the Civil Code of
Quebec ?
The defendant's systemic policies and practices relating to
sexual assault on minors Witnesses are they
damaging intrinsic matter, thereby constituting a fault within the meaning of
of the Civil Code of Quebec ?
Have the defendants engaged their responsibility as
committing for the sexual abuse committed by the Elders on
minors?
Have the defendants engaged their responsibility as
committing for the failure of the Elders to denounce the assaults
sex on minors?
Did the defendant's misconduct result in
damage to the members of the group?
Are the defendants jointly and severally liable for the damages
pecuniary and non-pecuniary caused to members of the group?
Did the defendants unlawfully and intentionally interfere
with the rights and fundamental freedoms of the members of the group,
protected by the Quebec Charter of Human Rights and Freedoms ?
Are the members of the group entitled to claim punitive damages?
[153] IDENTIFIES the following conclusions as follows:
WELCOMES the plaintiff's claim;
CONDEMNS the defendants, jointly and severally, to pay the
plaintiff the sum of $ 150,000 as non-pecuniary damages
payments plus interest at the legal rate and the indemnity
additional provision provided for in article 1619 of the Civil Code of Québec , since
the
service of the application for authorization to institute a class action;
CONDEMNS the defendants, jointly and severally, to pay the
claimant a sum in pecuniary damages, to be determined
during the trial, plus interest at the legal rate and the indemnity
additional provision provided for in article 1619 of the Civil Code of Québec, since
the
service of the application for authorization to institute a class action;

CONDEMNS the defendants, to pay the plaintiff the sum of

$ 100,000 in punitive damages, plus interest at the statutory rate
and the additional indemnity provided for in article 1619 of the Civil Code of
Québec , since service of the application for authorization to practice
collective action;
WELCOMES the plaintiff's class action for all
group members ;
CONDEMNS the defendants, jointly and severally, to pay each member
of the group $ 150,000 in damages
payments plus interest at the legal rate and the indemnity
additional provision provided for in article 1619 of the Civil Code of Québec , since
the
service of the application for authorization to institute a class action;
CONDEMNS the defendants, jointly and severally, to pay each Member
of the group a sum in pecuniary damages, to be determined during
of the trial, plus interest at the legal rate and the additional indemnity
provided for in article 1619 of the Civil Code of Québec , since the service of
the application for authorization to institute a class action;
CONDEMNS the defendants to pay each member of the group the
$ 100,000 in punitive damages, most of the interest in
statutory rate and the additional indemnity provided for in Article 1619 of the Code
Civil Code since the service of the application for authorization
to take collective action;
ORDERS the collective recovery of claims for damages
non-pecuniary and punitive for all Members of the group and the
individual liquidation of the claims of the Class Members
in accordance with articles 595 to 598 of the Code of Civil Procedure ;
ORDERS the collective recovery of claims for damages
for all Group Members and individual liquidation
claims by Class Members in accordance with Articles 595
to 598 of the Code of Civil Procedure and, in the alternative;
ORDERS the recovery of individual claims for damages
for all Members of the group in accordance with Articles
599 to 601 of the Code of Civil Procedure ;
ALL with legal fees, including advisory and expert fees.
DECLARES that unless excluded, group members will be bound by
any judgment to intervene on the collective action in the manner provided by
the law ;

FIX the exclusion period to thirty (30) days after the date of the notice to
the expiry of which members of the group who are not
will not be availed exclusion means will be bound by any judgment
to come up ;
ORDERS the publication of a notice to members (in accordance with
Article 576 CCP) in the terms to be determined by the Tribunal;
REFERS the file to the Chief Judge for determination of district in
which collective action shall be exercised and appointment of the judge for
to hear it;
ALL, with legal fees, including expert fees and fees
publication of notices.
[154] ALL, with legal fees.
__________________________________
CHANTAL CORRIVEAU, jcs
Ms. Sarah Woods
Laurence Ste-Marie
WOODS LLP
Counsel for the plaintiff
Jean Saint-Onge
Amelie Gouin
BORDEN LADNER GERVAIS LLP
Watch Tower Bible and Tract Society of Canada Lawyers
Eric Préfontaine
Julien Hynes-Gagné

OSLER, HOSKIN & HARCOURT, LLP

Watch Tower Bible and Tract Society Lawyers of Pennsylvania; Watch Tower Bible
and Tract Society of New York, Inc .; Christian Congregation of Jehovah's Witnesses
Dates of hearings: December 17 and 18, 2018