Hutterites seek rehearing over licences

Written by Dave Mabell Lethbridge Herald

Thursday, September 03 2009, 9:29 PM

After losing a split decision in the nation’s highest court, a Lethbridge-area Hutterite colony is seeking a rehearing. Lethbridge lawyer Greg Senda confirmed Thursday that papers have been filed with the Supreme Court of Canada, in the Wilson Colony’s ongoing fight against photos on its members’ driver’s licences. The court handed down a divided 4-3 decision earlier this summer, agreeing with Alberta government regulations requiring the photos even though members believe it violates their freedom of religion. The Second Commandment, colony members say, prohibits “graven images” including personal photographs. Earlier, the Court of Queen’s Bench had agreed Alberta Registries’ rule violated their freedom of religion and an Alberta Court of Appeal upheld that decision on a 2-1 split. The Alberta government appealed that decision to the nation’s supreme court, however, and the majority of justices who heard the case agreed with the Alberta government’s fear of identity theft if no photos were required. Senda could not predict how soon a rehearing could be scheduled. “It’s very rarely done,” he explained. The court is awaiting a response from the Alberta attorney general’s office, he added. Then he’ll learn whether he has to head to Ottawa to present more oral arguments. The Wilson colony, southeast of the city, is being joined in the case by a sister colony near Three Hills. “And there are 15 other Hutterian Brethren colonies that are supporting them.” Elsewhere across Canada, colony members point out, photo ID is not required of colony members living in Saskatchewan, Manitoba or Ontario. Alberta also exempted Hutterite drivers when photo-based licences were introduced in 1974, but officials cancelled that relief in 2003.