Guibord case
Encyclopedia
Brown v. Les Curé et Marguilliers de l'oeuvre et de la Fabrique de la Paroisse de Montréal, better known as the Guibord case, was a famous decision in 1874 by the Judicial Committee of the Privy Council
(J.C.P.C.) in an early Canadian legal dispute over the relationship between church and state. The controversial decision by the British lords led to Quebec
finally accepting the creation of a Canadian appeal court, the Supreme Court of Canada
as the case demonstrated to them that the J.C.P.C. would not always be sensitive to Quebec's religious culture.
, a liberal
association that strove to limit the Catholic Church
's influence over the Quebec government, which was at that time significant. Hence, when Guibord died, the Church opted not to give him a religious burial. The Church’s decision allegedly contradicted its role under the civil law
to give burial, but the Church argued it would carry out the burial anyway and that Guibord not being buried in holy ground was a question of religious freedom
.
argues, the J.C.P.C. 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 J.C.P.C., 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 J.C.P.C. 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.
Following the court ruling, Ignace Bourget
, the Bishop of Montreal, went to Notre Dame des Neiges Cemetery
and deconsecrated the burial plot where Joseph Guibord was to be buried. Twelve hundred soldiers were needed to escort Guibord's body into the cemetery because of the angry mob gathered to oppose the burial.
His coffin was encased in a mixture of cement and metal scraps to prevent disinterment by irate Catholics.
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
(J.C.P.C.) in an early Canadian legal dispute over the relationship between church and state. The controversial decision by the British lords led to Quebec
Quebec
Quebec or is a province in east-central Canada. It is the only Canadian province with a predominantly French-speaking population and the only one whose sole official language is French at the provincial level....
finally accepting the creation of a Canadian appeal court, the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
as the case demonstrated to them that the J.C.P.C. would not always be sensitive to Quebec's religious culture.
Background
The case centred on a man named Joseph Guibord, a member of the Institut CanadienInstitut canadien de Montréal
The Institut canadien de Montréal was founded on 17 December 1844, by a group of 200 young liberal professionals in Montreal, Quebec, Canada. The Institute was a public library and debating room for the literary and scientific society, which would later come into conflict with the Roman Catholic...
, a liberal
Liberalism
Liberalism is the belief in the importance of liberty and equal rights. Liberals espouse a wide array of views depending on their understanding of these principles, but generally, liberals support ideas such as constitutionalism, liberal democracy, free and fair elections, human rights,...
association that strove to limit the Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
's influence over the Quebec government, which was at that time significant. Hence, when Guibord died, the Church opted not to give him a religious burial. The Church’s decision allegedly contradicted its role under the civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
to give burial, but the Church argued it would carry out the burial anyway and that Guibord not being buried in holy ground was a question of religious freedom
Freedom of religion
Freedom of religion is a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any...
.
Decision
As Professor Rainer KnopffRainer Knopff
Rainer Knopff is a writer, professor of political science at the University of Calgary, Canada, and member of a group known as the Calgary School. He especially well-known for his views about the influence of judicial decisions on Canadian public policy...
argues, the J.C.P.C. 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 J.C.P.C., 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 J.C.P.C. 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
Reputation
Reputation of a social entity is an opinion about that entity, typically a result of social evaluation on a set of criteria...
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.
Following the court ruling, Ignace Bourget
Ignace Bourget
Ignace Bourget was a French-Canadian Roman Catholic priest who held the title of Bishop of Montreal from 1840 to 1876. Born in Lévis, Quebec in 1799, Bourget entered the clergy at an early age, undertook several courses of religious study, and in 1837 was named co-adjutor bishop of the newly...
, the Bishop of Montreal, went to Notre Dame des Neiges Cemetery
Notre Dame des Neiges Cemetery
Founded in 1854, Cimetière Notre-Dame-des-Neiges is a 343-acre cemetery located in the borough of Côte-des-Neiges—Notre-Dame-de-Grâce, Montreal, Quebec, Canada. The entrance and the grounds run along a part of chemin Côte-des-Neiges and up the slopes of Mount Royal...
and deconsecrated the burial plot where Joseph Guibord was to be buried. Twelve hundred soldiers were needed to escort Guibord's body into the cemetery because of the angry mob gathered to oppose the burial.
His coffin was encased in a mixture of cement and metal scraps to prevent disinterment by irate Catholics.
Sources
- Rainer KnopffRainer KnopffRainer Knopff is a writer, professor of political science at the University of Calgary, Canada, and member of a group known as the Calgary School. He especially well-known for his views about the influence of judicial decisions on Canadian public policy...
, “Quebec’s ‘Holy War’ as ‘Regime’ Politics: Reflections on the Guibord Case,” Canadian Journal of Political Science / Revue canadienne de science politique, Vol. 12, No. 2. (Jun., 1979).