The demand for a Muslim beneficial organization alleges that a lessor canceled a new lease with the organization after a Hamilton shepherd, with a church that would share the space, made Islamophobic comments during a recent service.
The Toledo Foundation expected the new space to organize its Islamic school and said that the cancellation has impacted dozens of children who had set their gaze to attend this fall.
The lawsuit, presented on September 17 at the Superior Court of Ontario, is against Great Life Church and the company that has the building where the Church operates in Stoney Creek, a community in Hamilton.
In its claim statement, the Foundation alleges that the Church and the Company, called 1000568865 Ontario Inc., violated their human rights, arguing that the owner breached a lease contract and acted as “bad faith” by allowing the Church to influence its decision to lease the space. The beneficial organization is now demanding for economic damage.
“It’s not just about Muslims or Islamophobia in Canada, who is a rampant,” said Muneeza Sheikh, founding partner of Muneza Sheikh Employment and Human Rights, the law firm that represents the foundation.
“This case is about the erosion of our Canadian values around diversity, inclusion and acceptance.”
The lawyer of the real estate company, James Tuck, told CBC Hamilton in a statement that the accusations of human rights against his client are “false, defamed and defamatory”, and that they will be “vigorously” defending the claims and countertops.
CBC Hamilton contacted the church to comment on the pastor’s comments and demand, but did not receive an answer before the publication.
None of the accusations made in the lawsuit has been tested in the Court.
Sermon video published during lease negotiations
In a video now recovered, which was published on a YouTube channel on August 24 with the name of Dr. Peter Marshall, a man talks about his congregation about a “great battle” they face.
“The owners are being pressed at this time by an Islamic group that wants to enter this building with us,” says the man in the video, which has been seen by CBC Hamilton.
“And we are standing against because we do not want that kind of religion to join us in the building.”
The name and image of man in the video coincide with that of the shepherd that appears on the church website.
For about 10 minutes, he talks about the “battle” of his congregation, saying “Islamic faith is trying to make their way”, and force churches in Canada and other countries with “great money” and pressure. He says that the Church is stopped against a “false religion.”
Marshall alleges that the Foundation has pressed to the owner of the building, but does not give any detail. He mentions the Church that he wants to open a Christian school there one day, asking the congregation for their monetary support and saying that they have now presented an offer for space.
Sheikh said that shepherd’s comments were “clearly hateful and Islamophobic.”
“This type of divisive and hateful rhetoric, really tear to communities, and feeds what we characterize as a false and dangerous narrative around those of the Muslim community.”
She said the comments made in the video “clearly [violate] Human Rights Legislation in this country. “
‘We are talking about children here’
The Toledo Foundation, a charity for young Muslims that runs Islamic schools, wanted to lease part of a building in an old public school, where Great Life Church also operates, according to demand.
The building in 45 Randall Ave. used to be a primary school, which closed in 2021. On a real estate website, part of a building in the same direction appears for the lease as of September 22. The list shows what seems to be more than a third of a large building in the lease, with the rest of the building marked as “leased”.
The Foundation said it wanted to lease the unused part of the building for the Islamic school.
The demand alleges that the Church persuaded the owner and the company acted with “bad faith” when he did not give the Foundation a final response regarding the space instead of pointing out the “hateful and wrong comment of the Church.”
“It is a school like any other school with children like any other child, children who do not deserve to be expelled from a space because they are being painted as potentially having a disastrous intention and occupying the space,” Sheikh said. “We are talking about children here.”
The Foundation was looking for a larger space as its demand grew, according to demand, and the new space would have had capacity for around 100 additional children.
Sheikh said that the Foundation managed to find a different and smaller place before the school year began in September, but that there was still a “loss for parents who wanted to exercise their right to send their children to an Islamic school.”
The Church has exclusive rights as a place of worship on Sunday: owner
According to the lawsuit, the Foundation signed a lease and made a deposit at the end of July, after which the company became vague in its answers and told the Foundation to “expect.”
In mid -August, the Foundation received a company release agreement, but rejected and “urged” the company to comply with the original agreement. Around this time, the company also said for the first time that the Church was interested in that part of the property.
The sermon video came out at the end of August. Then, there were a few days before the start of a new school year, the Foundation made an “improved” offer to the company, but did not receive a “substantive” response. As of September 17, says the demand, the company has not given the Foundation a definitive response.
Tuck, the company’s lawyer, said the company had no problem leasing the space for the Toledo Foundation as long as all “legal and commercial” aspects of the lease contract were addressed.
He said that, in particular, the lease with the Church gives “exclusive rights within the building for” a place of worship that meets Sundays. ” The company had concerns that the use of the space of the Foundation would violate those exclusive rights.
Tuck also said that the company had no knowledge of the video published on August 24 and that “it is not responsible” for the statements made by the Church. He also said that the opinions expressed in the video have not played a role in their decision.
