12
Judgment No. CCZ 1/18
Constitutional Application Nos. CCZ 39/14 and CCZ 40/14
The applicants voluntarily opted to change their allegiance from the Anglican Church of
the Province of Central Africa to the Evangelical Anglican Church International. In so doing, they
ceased to be priests adhering to the principles of the Anglican Church as set out and practised by
those who are members of the first respondent. The freedom to associate necessarily includes the
freedom to disassociate. They became pastors adhering to the tenets and beliefs of the Evangelical
Anglican Church International.
In R v Big M Drug Mart Ltd (1985) 18 DLR (4 ed) 321 at 353 DICKSON CJC said:
“The essence of the concept of freedom of religion is the right to entertain such religious
beliefs as a person chooses, the right to declare religious beliefs openly and without fear of
hindrance or reprisal, and the right to manifest belief by worship and practice or by teaching
and dissemination.”
The applicants did not deny that they were able to do and did all these things in the exercise of the
right to freedom of religion.
Nothing was done by any of the respondents to prevent the applicants from practising their
new faith and performing their duties as pastors in their new church. Their right of choice of
religion and the right to practise that religion was not impaired at all by any of the respondents.
None of the respondents in any way interfered with the applicants’ positions as pastors in their
new church, nor did they prevent any of them from taking part in any religious activities of that
church.