An agricultural tribunal has rejected an application from a Massey farmer who wants a religious exemption from paying fees to a farming organization.
James Morin, 36, owns a 160-acre farm in the Massey area. He has cleared 100 acres of the property, growing hay and other cash crops, as well as breeding cows. Morin also rents about 100 acres that he also farms.*
He is also a contract miner. As a contractor, he is not part of a union, and the tribunal transcript says he was unhappy paying union dues in previous years when he was a member. That's because he does not want to pay toward an organization who supports and fights for issues he doesn't believe in.
“He stated that he did not like joining the union for the same reason that he is objecting to pay money to a farm organization, but was unaware that he could have applied for a religious exemption,” the transcript says.
He moved to the farm to provide some distance them from what he believes is a crumbling sense of morality in mainstream society. Farming, he said, "is the only way I can physically survive while maintaining the integrity of my faith, which is my highest priority,” Morin said in his filing to the tribunal. “I do not want to be led by; or [sic] part of worldly organizations that aren’t led by God-fearing people, or motivated by an understanding of God’s truth.”
He has many Mennonite friends in the area, the transcript reads, but he has no plans to join the church, and is covered by provincial health insurance and has home and life insurance.
It was from friends in the Mennonite community he learned he could apply for a religious exemption from paying fees to the Ontario Federation of Agriculture.
“Mr. Morin testified that starting a farm from scratch is a losing battle and that he could not do it without his religious conviction,” the transcript says. “He believes that his Biblical convictions lead him to farm and he wants to distance himself and his family from a world that he feels is becoming more at odds with God’s word.”
Under Ontario's Farm Registration and Farm Organizations Funding Act, farmers can apply to be exempted from fees on religious grounds. In order to qualify, the farmer would have to prove: his beliefs and convictions are genuine, they are based on religion, and it is those beliefs that cause him not to want to pay the fees and no other reasons.
Morin passed the first test, the transcript says, as the tribunal found him credible and had no reason to think his beliefs weren't genuine.
On the second test – whether the beliefs were religious, rather than just philosophical or political – the tribunal said Mennonites receive an exemption on recommendation from their bishop, who must convince the tribunal that their religious beliefs would be in conflict if they had to pay the fees. Morin is not a Mennonite, but the tribunal said that doesn't necessarily disqualify him.
“The Ontario Labour Relations Board cases have, however, affirmed that religion may be personal and need not be tied to a religious sect,” the transcript says.
“However, the beliefs must still be religious in essence and not philosophical or political.
“Where the non-religious beliefs colour the religious beliefs to the point that the tribunal cannot ascertain which beliefs are driving the application, then the application must fail as the applicant has the onus of proof.”
In this case, Morin decided to try and separate himself from a world he believes is becoming increasingly immoral, the transcript reads.
“While that goal is admirable, the views that support that goal are not necessarily religious,” the transcript says. “It is difficult to distinguish whether his objection to making a payment to a farm organization is religious or philosophical and therefore the tribunal must find that he has failed to meet the onus of proof with respect to this test.”
As for the third requirement, Morin said in his application he wanted the exemption so he wouldn't have to go through the process of applying for a refund each year. Under the Act, farmers can apply to have their fees refunded within 90 days of the fee deadline – May 30 of each year.
“Although Mr. Morin does have strong beliefs and convictions, they are not the actual cause of the application,” the transcript says. “The real reason that the applicant wishes to have the exemption is so that he does not have to make a payment and then request a refund each year. The Tribunal finds that the applicant has failed to meet the onus on this branch of the test.”
Having failed two of the three criteria required for the exemption, the tribunal rejected his request.
Read the full transcript here.
*An earlier version of this story stated James Morin rents out 100 acres to other farmers. That was incorrect. Mr. Morin owns 160 acres and rents a further 100 acres for his own use.
