Guibord Case - Analysis

Analysis

Professor Rainer Knopff argues the Judicial Committee compromised between two decisions of the lower courts: that the religious freedom argument was frivolous on one hand; or that the courts, not being a Catholic leadership, could not rule on whether a burial should be carried out in accordance with religious procedure on the other. The Judicial Committee, conversely, concluded that while the courts were not Catholic leaders, they could uphold the people's rights and Guibord was entitled to a burial in holy ground. However, the Court did not compel other religious ceremonies to be performed because it was not a Catholic institution. Although burial anywhere could theoretically be justified under the law, the Judicial Committee ruled burial in holy ground was appropriate in this case and advised the other ceremonies to be performed. The reasoning was that if Guibord was not buried in holy ground, his reputation would be damaged. As Guibord was a good person, he should not be defamed while a terrible person, on the other hand, probably could be denied religious burial.

The Judicial Committee's decision has been cited in subsequent court decisions. The case has also been referred to recently in a law journal article dealing with a similar issue of the relationship between the civil courts and religious authorities, in the context of civil and Jewish divorces.