A Clean Slate: Regina vs. Wiebe

There exists in Alberta statutes which grant to administrators and public officers in this province ultimate decision making powers to the exclusion of the courts in matters vital to the concerns of all in this province. The risk of discrimination is obvious.

-Justice Oliver
Presiding over R. vs. Wiebe, 1978

Justice Oliver’s words indicate his identification of two separate issues. Two sets of rights were in conflict and he knew that for justice to be served, a balance between the two must be struck. In a written judgment delivered to approximately 150 Mennonites crowded into a courtroom, Justice Oliver upheld the Alberta Bill of Rights in ruling that the School Act’s compulsory attendance sections denied Elmer Wiebe freedom of religion. This confirmed Elmer Wiebe’s right to religious beliefs that extended to how he would like his children educated.

The educational establishment was astonished and though they carefully discussed future legal action behind closed doors, public opinion as noted by journalists indicated apprehension of what the verdict would mean for the public school system. It was common knowledge that many were contemplating an appeal of the ruling, however, nothing of the sort was ever manifested.

Perhaps the case’s most significant impact to the widest section of society was that it could stand as a beacon of democracy. Justice Oliver’s ruling was essentially a testament to Alberta’s evolution. In allowing a dissenting minority view to be credible, Oliver strengthened both the individual and the whole society, proving that in the pursuit of justice, each voice counts.