A Clean Slate: Regina vs. Wiebe - The Trial

As nearly 50 Holdeman Mennonite families had been charged with truancy, the court resolved to hear one case and apply its outcome to the subsequent trials. Elmer Wiebe, father of grade nine student Dallen Wiebe, was chosen to serve this purpose.

Leading the charges laid by the Three Rivers School district was Crown prosecutor Roger Smith, who was assisted by constitutional authority Stanley Fowler, attorney Jerry McKenna (Department of Education) and lawyer Judith Anderson (Alberta School Trustee Association). The defence took on a more unusual form.

The Holdeman Mennonite community—a pacifist sect—agreed the act of retaining a lawyer would be in direct conflict with their beliefs and chose to appear in court without representation. William (Bill) Pidruchney, a solicitor from the Alberta Heritage and Culture Foundation had been keeping abreast of the case through the news, and had applied for permission to act as an amicus curiae (friend of the court) on the basis that the Mennonites should be afforded a degree of legal representation that would not infringe upon their religious beliefs. This application was granted and when the trial opened, Justice Oliver spent a good deal of time outlining the boundaries of Mr. Pidruchney’s role. In short, while he was allowed to make suggestions to the court, he would not have the full rights of the defence.

Questioning was efficient and quickly outlined the Mennonite beliefs, interpretations of provincial education requirements, the Alberta Bill of Rights and the Alberta School Act. Upon reaching the end of the hearing, Justice Oliver announced he would not be delivering his judgment that day, but on February 6, 1978 instead.

Those involved in the trial reassembled at the Three Hills courthouse in February to hear what proved to be a shocking and unprecedented verdict from a provincial court. The first hour and a half of Justice Oliver’s 57 page judgment included reasons why Elmer Wiebe should be found guilty of truancy, leading the prosecution to suspect they had won the case. However, midway through his verdict, Justice Oliver began to discuss the essential right of religious freedom, culminating in his decision.

On all of the evidence in this case, I hold that the School Act in so far as it relates to school attendance and creates exceptions that in some cases involve a consideration of the Department of Education Act is rendered inoperative by reason of the Alberta Bill of Rights because it denies to the accused, Elmer Wiebe, freedom of religion guaranteed by Section 2 of the Alberta Bill of Rights.

At that point Justice Oliver looked directly at Mr. Wiebe and said “I find the accused, Elmer Wiebe, not guilty.” To which Wiebe replied “Thank you, Sir.”

Though many perceived the verdict to be a victory in the realm of human rights, others were not satisfied. The prosecution speculated about an appeal for months, but in the end decided against it.