The Best of The Best of KIT 1992
From January thru December,1992
The KIT Newsletter, an Activity of the KIT
Information Service, a
Project of The Peregrine Foundation
P.O. Box 460141 / San Francisco, CA 94146-0141 /
telephone: (415) 821-2090 / (415) 282-2369
KIT Staff U.S.: Ramon Sender, Charles Lamar,
Christina
Bernard, Vince Lagano, Dave Ostrom;
U.K. : Joy Johnson MacDonald,
Ben Cavanna, Leonard Pavitt, Joanie Pavitt Taylor.
The KIT Newsletter is an open forum for fact and
opinion.
It encourages the expression of all views, both from
within
and from outside the Bruderhof. The opinions expressed
in the
letters we publish are those of the correspondents and
do not
necessarily reflects those of KIT editors or staff.
This collection skims the Best of KIT 1992
file, which is derived from The 1992 Annual,
to create a
Best of the Best of KIT 1992. We understand
that the sheer
volume of articles and letters available can
overwhelm the casual browser, and so we offer
in this manner a sampling of the most
interesting and informative.
------ Keep In Touch --------
---------Food For Thought--------
"The Bruderhof demands the whole man. To show what
we mean, we quote the satanic words of Adolf Hitler:
'In this one thing we are like the early Christians:
we demand the whole personality.'
"Those who refused to become part of the Nazi state were
shot. Now that is a satanic caricature of something we
want in a divine way. We want to love all men. We want
to love you all. But we do not want to delude or fool you
into thinking that you will find a secure, comfortable nest
to live in here. This life demands sacrifice, more sacrifice
than in ordinary society."
p. 26, Living in Community by Heini & Annemarie Arnold
Plough Publishing, 1974
"Early religions were like muddy ponds with lots of foliage.
Concealed there, the fish of the soul could splash and feed.
Eventually, however, religions became aquariums. Then,
hatcheries. From farm fingerlings to frozen fishsticks is a short
swim... Of course, religion's omnipresent defenders are swift to
point out the comfort it provides the sick, the weary and the
disappointed. Yes, true enough. But the deity does not dawdle
in the comfort zone! If one yearns to see the face of the divine,
one must break out of the aquarium, escape the fish farm, to go
swim up wild cataracts, dive in deep fjords. One must explore
the labyrinth of the reef, the shadows of the lily pads. How
limiting, how insulting to think of God as a benevolent
warden, an absentee hatchery manager who imprisons us in the
'comfort' of artificial pools, where intermediaries sprinkle our
restrictive waters with sanitized flakes of processed nutriment."
Tom Robbins in Skinny Legs and All .
Status/addresses needed: Mary Worth, Jack Melancon.
Also (via chats with Mike Caine) the following: Harry Little
(Koinonia in '50s), Ken Meister, Walter Bennet, M. Boning,
Necki Boning, Toby Kadish, Hans Herbert Blocher, Maureen
Burn's boys, Howard Cheney, Fred Kemp, David Caynes,
Jonathan Phillip Cavanna, Oliver Christoph Dyroff, Ernie
Dyroff, Fred Wild, Felicitas Dreher (in Oregon) Maya Dreher
(married in Berlin), Don Dreher (laser surgeon) Roy Dorrell (in
Paraguay) Francis 'Potto' Rhoda Dorrell (in Australia) Bernhard
Dyroff (near Sydney, Australia), Donna Ford, Benjamin Emil
Fontes (Curotiba, Brazil) Regula Fontes (husband Anton),
Dorothy Ellison (Hereford), other Ellisons (Shrewsbury), Carla
Hall, (actress in London), Ruth Janney, Phil Janney, Daniel
Habbakuk, Eddie Halliwell (Cheltingham) Oren & Vera
Hoffman, Sue & Virginia Housmann, Jo Housmann (joined
Catholic order), Else Von Hollander (Sacramento, CA),
Annaliese Ingold, Peter Keiderling, Ben Keiderling (in USA)
Irmi Keiderling Ricketts (England), Ina Koopman (Holland), Ida
Freiling, Dorothy Lomas (Liverpool), Hazel Johnson
(Liverpool?), Marsh family, Clem Marsh (works for BBC), Olga
Mercoucheff, Tanya Mercoucheff (Bristol, CT number unlisted),
Lewis McCann (south of England), Dave Newton (died in
Ecuador in 1988) Jeanie Newton, Jill Shapley (Wales), Michael
Vigar (Newbury, England), Nickie Vigar, Peter Trapnell (Rio de
Janeiro), David Trapnell (England) Johanna Vaijling, Francis
Watts (Australia), Fred Wild (Habersham, England) Barbara
Mitchell (Macedonia person now in her 80s) Johanna Wirtz,
Ray & Betty Saban (Boston?)
---------Food For Thought----------
Cults: What Parents Should Know by Joan C.
Ross and Michael D. Langone, Ph. D. American Family
Foundation (excerpts):
Common Tactics used by Groups to Effect Conversion:
Discouraging rational thought. For example, many
cults dismiss members' doubts, criticisms or questions with
statements like "Everything will become clear in time," or with
threats, 'Satan is at the root of all doubt,' or with exhortations
like, 'If you want to know God, you must reach beyond
rationality.'
Effects: Prospects feel guilty for doubting,
questioning, or using their intellectual abilities to evaluate the
cult. Many even come to regard their minds as troublemakers,
generators of poisonous doubts, tools of Satan and the like.
Confession Sessions , during which members are
pressured to reveal extremely personal information about past
and present transgressions and sins, whether real or imagined.
Effects: Prospects who reveal such information
may feel an initial sense of guilt and shame, and then a sense of
relief at having confessed. However, those who want to leave
the cult are fearful that the cult may use the information they
have revealed to blackmail or slander them.
Group Pressure , that is offering positive
reinforcements such as approval, affection or raised status
when members agree with group goals, and withholding such
reinforcements or punishing those who speak or act against cult
prescriptions.
Effect: Prospects may succumb to group pressure
despite strongly held convictions that conflict with cult beliefs
and practices.
Repeated threats of sanctions for leaving, such as:
"If you leave, your life will fall apart;" or "Your soul will rot;"
or "You will go to hell;" or "Your relatives will suffer;" or
"Your life will be in danger."
Effect: Converts become afraid to leave sect.
The promise of imminent fulfillment,peace,
salvation, for example telling converts that if they "just try a
little harder, give a little more" of themselves, they will attain
whatever reward the cult has promised.
Effects: Converts are continually striving to attain
utopian ideals, and blame themselves for not trying hard
enough.
Limited or no access to outside information.
Effect: No contrasting views to stimulate critical
thinking about the cult. Reinforcement of notion that doubts
about the group reflects defects in the doubter, not the
group.
Absence of non-cult relationships and emotional
support.
Effects: Converts become dependent on the cult of
friendship, intimacy and emotional support; feelings of
alienation, hostility and paranoia towards the non-cult world
are further reinforced.
Control of sexuality and intimacy within the cult;
for example, the leader may dictate whether, when and whom
to marry, whether and when to have sexual relations, children,
sterilization, abortion.
Effects: Converts may develop a distorted,
impersonal view of sexuality and intimacy. The leadership is
protected from the possibility of intimates sharing and
reinforcing doubts about the group.
Ongoing confession and self-denigration.
Effects: Converts feel ashamed, then relieved, then
indebted to the cult for saving them from their "evil nature."
Excessive financial obligations, often requiring the
signing over of inheritances, bank accounts and other material
assets to the cult.
Effect: Members are left virtually penniless and
financially dependent on the group. Also, if a lot of money has
been donated, converts may justify their investment by
blinding themselves to the destructive aspects of the group.
Julius Rubin March 21, 1992: ....
Field Notes in Progress
on Allegations of the Sexual Molestation of Children in the
Bruderhof
January 9, 1992: A number of women have come forward,
independently and generally unaware of one-another, to offer
biographical accounts of the experience of childhood trauma in
the Bruderhof communities of Wheathill and Primavera in the
1950s. These life-histories seem to fit the following general
pattern:
1. The idealized message of Christian love-agape and
fellowship, promoted by the Bruderhof as the basis for life in
community, acted like a magnet attracting individuals, couples,
and families who hungered for such complete love. Not
surprisingly, some of these people came to the community with
personal histories of family violence, trauma, and sexual abuse.
Some families had already begun to abuse and molest a child
even before undertaking a life in the Bruderhof. Father-
daughter incest and assault that have been alleged suggests that
fathers considered it acceptable to use their daughters to meet
the parent's sexual or dominance needs.
2. The Bruderhof appears to have done a haphazard job in
gate keeping and preventing multi-problem individuals and
families with ongoing pathologies and dysfunctions from
joining as full-baptized members and continuing their abusive
activities in the community. It appears that persons predisposed
toward sexual violence, sadism, and molestation of children
were not identified in the gate-keeping procedures during the
novitiate period. I do not believe that any B'hof community
ever knowingly and intentionally let this happen. Rather, this
gate keeping failure was more the result of a 'theological' or
ideological blind spot. The Bruderhof world-view posits that
individuals who allow their worldly, prideful, carnal selves to
die in the imitation of Christ, radically reconstruct their
identities in the childlike spirit of humility and simplicity.
The Bruderhof ethos of brotherly admonition, non-
violence and non-aggression, ideally, promotes loving, tender,
romanticized relations between spouses, and between parent
and child. If conversion was understood as something akin to
the therapeutic healing of the sinful, fallen creature and the
emergence of the healthy Christian person united in
community as God's revolutionary, then it was unthinkable
that members of the bruderschaft or
gemeindestunde would be capable of violent, heinous
crimes against children. If excesses did occur in interrogations,
clearings or adult allegations of the sexual misbehavior of
children, it was rationalized and justified as action in the
service of love, of rearing Godly, pure Bruderhof children.
3. The Bruderhof failed in gate keeping and in the
systematic protection of children and the prevention of sexual
abuse. Again, this was not the intention of the community, but
the result of another theological blind spot. The Bruderhof
established a ritual whereby a child's natural parents made a
public offering of the infant as a gift to the community--a
pseudo Baptismal rite. This rite was tantamount to proclaiming
that the child "belonged" to the united brotherhood, that every
adult had free access to the child and could discipline or guide
the child. In addition, many children were poorly supervised or
protected by the evening night watches when their parents were
called away to the brotherhood meetings. At these times,
perpetrators were alleged to have gained access to the children
or took them into deserted work areas or bachelor quarters for
the purpose of sexual assault. Today, we know that these rights
of adult access to children are tantamount to an invitation to
abuse.
4. It appears that children have been victimized or made
pawns of adult power struggles during times of community
crisis.
5. Children have been victimized by what Alice Miller
terms "poisonous pedagogy" -- toxic ideas about childrearing
and child discipline. In the Bruderhof, a hierarchical,
patriarchal community dominated by an ethos of sexual
repression (Arnold required the sublimation of erotic love in
marriage to an expression of love to God ), elders were obsessed
with controlling sexuality and they projected fantasies of hyper-
sexuality upon children. Elders brought charges of sexual
misconduct or accused children of evil spirit and satanic
possession, labeling them as "problem children." Once labeled
as a problem child, evil at the core, it was but a short step to
commit psychological torture, beatings, or rape upon these
"fallen angels" of childhood.
6: Respondents have provided accounts or explanations of
the underlying or hidden meanings and motives behind the
sexual molestation of children in the Bruderhof. Several of
these accounts appear implausible. Hypothetically, if a person
claimed that alleged Bruderhof child molesters received distant
radio-wave instructions that commanded them to injure
children, I would have difficulty believing this explanation.
Unless I could find independent, corroborating evidence to
support these claims, I would tend to discount seemingly
fantastic or outlandish explanations of Bruderhof motivations
or actions. Despite the sincerity of the respondent, I would tend
to view incredible and unsupported claims as symptomatic of
the continuing psychological injury inflicted upon these
respondents....
Paul Winter for the New Meadow Run Brotherhood
3/23/92: Enclosed with this letter are all our back issues of the
KIT newsletters which we are returning back to you. I'd like to
ask you to take the New Meadow Run Community off your
mailing list as well as Doug and Ruby Moody. We in the
Brotherhood don't want to have anything more to do with the
spirit of antagonism, enmity and murder. If anyone really
wants to seek reconciliation and repentance with us, they are
welcome to come any time. I hope you can honor our request.
Nathan Warren, Ulster Park Bruderhof, 3/26/92: Please
remove us from your mailing list.
Cristoval Wright, Spring Valley Bruderhof, 3/23/92: We
are returning your magazines and ask to be taken off your
mailing list.
John Fransham Deer Spring Bruderhof 4/6/92: We have
now been receiving the issues of KIT for some time, and I have
consistently tried to read through each issue as it came. I now
ask that we be removed from your mailing list.
Faith Tsukroff 4/27/92: I don't have much time to
read KIT, but I do manage to read a bit of every issue. I would
like to comment on some of what I have been reading, since I
feel more points of view are useful. I fully support Loy
McWhirter in her feelings and writings that I have read in KIT.
She has very good reasons to be angry, and far from her
anger eating her alive, I think her anger is energizing and life-
giving. Keeping anger suppressed leads to things like
depression and many psychosomatic illnesses. When anger
comes out it can be released, and, also, it can be enormously
energizing in terms of getting things done in your life and
dealing with the causes of the anger.
I understand why Loy is so angry. The abuses suffered by
children in the Bruderhof were enormous and horrible. And
while, yes, I agree with some correspondents that adults did
suffer, children suffered far more than adults did. I
know, because I also was very, very abused in the Bruderhof --
physically, verbally, sexually and spiritually.
What I think adults do not understand is that they, as
adults, no matter how hurt or damaged they may have been
psychologically, had a psychic structure from which to operate
and in some ways protect themselves psychologically. Children,
when they are severely abused or brought into cult situations at
an early age, simply do not have any psychic defenses to protect
them. They have not been able to develop any kind of
personality structure, which adults do have, from which they
can operate and psychically defend themselves against their
experiences. So that children, unlike the adults, had absolutely
no inner refuge to help them get through the trauma and terror
and abuse.
This is something that cannot be reiterated too often --
adults did have some kind of choice. Whether it was
conscious or not, even if they were terrified or brain-washed
into staying in the B'hof, they did have some choice.
CHILDREN DO NOT HAVE A CHOICE. Children
cannot survive on their own without someone to care
for them, and children do not have the physical, emotional, or
monetary resources to survive on their own. Also, and I think
this is very important, because of their very limited experience
of life, children do not know that it can be any different or that
it might be possible to get out of the situations they are in. All
they know is what they have experienced thus far in their lives,
and if all they have experienced is abuse, that's all they know.
They do have not choices....
Bette Bohlken-Zumpe (Excerpted from her memoir):
July 22, 1991:My brothers and sisters (in the communities)
feel that I
should not continue to write my childhood memories because
they will be too upsetting for my mother. I do not write against
the Bruderhof, nor do I wish to hurt anybody at all. But I do
wish to set the record straight where it concerns Bruderhof
history as well as my own family. Throughout the past 30 years
the B'hof history became more and more twisted. It placed the
blame on my father for everything that went wrong in the past.
...Sex was not
talked about. Old-fashioned methods were applied to keep "the
children's community PURE." But then, all over the world it
was not so very different in those years. Sex play among
children was not tolerated, and those children who indulged in
it were set apart as if contaminated by a sickness. E.G. if there
was an outbreak of measles or chicken pox on one 'hof, that
'hof was isolated so as not to infect the others. There was a
quarantine for three or four weeks, and we children were not
allowed to meet with our friends. The same was true for any
sexual play or interest. That child or those children were set
apart -- put away -- excluded -- from the children's
community until there was "repentance." I know of children
who were taken out of their families and placed in the special
care of an old unmarried sister or brother for months,
sometimes for years. They were not allowed to go to school
with us or play or talk with us. What it was that they had done
I did not know, but we all assumed that it was something sexual
that made them to be set apart. I know of little boys whose
hands were tied to their bedsteads at night to prevent them
from fondling their bodies before they went to sleep. I know of
a little girl who was placed into special care with an old lady.
That lady would smell the child's hands when she was sleeping
and slap them hard if they smelled of her having played with
her genitals. Although I knew all that, it did not really bother
me at all. It was a part of life as I thought it should be. I hear
the same stories of children who grew up in strict church
communities or were raised by nuns or monks of a religious
order. Religion seems to forbid all sexual interest in children.
It is put off as dirty, sinful and bad. Then when you marry,
suddenly sex seems to be holy, so holy that you cannot even
talk about it or ask questions. Everyone expects you to make the
step from 'dirty and sinful' to 'holy' without difficulty!
A Draft Statement of KIT's Editorial
Guidelines
KIT was established to serve the information needs of
former Bruderhof members and children by publishing
whatever materials KIT deems relevant to their relationship
with one another and with the Bruderhof. Although the staff
embraces the journalistic privileges of a free press, we note that
KIT has become an important vehicle for, among other things,
healing, networking, reconnecting, informing, honoring and
supporting those in need. As a free press, we remain
committed to the individual and to the free expression of ideas
and feelings. However we would request that our
correspondents show a common courtesy towards each other
and refrain from making ad hominem attacks. Because we
wish KIT to reach its widest possible readership, we will limit
the language to what is commonly regarded as the that of
'decent' public discourse. In cases where allegations are being
made against individuals, we request that the accuser first make
a serious effort to contact the individual or individuals
involved, if they are still living. If a satisfactory response is not
received, then KIT may act as a public forum for these
allegations to be aired. KIT does not accept anonymous
submissions, but will withhold the name of a correspondent
upon his or her request. Finally, although KIT is a project of
The Peregrine Foundation, editorially it remains completely
independent of the parent organization. And last but not least,
if you disagree with the tone or direction that KIT's
correspondents express, the best way to change this is to write in
from your own unique point of view.
The opinions expressed in the letters that KIT publishes are
solely those of their authors. Although we welcome all
correspondence, we reserve the right to reject letters that we
deem unsuitable and to edit all letters in line with the
guidelines expressed above as well as because of space
limitations.
In the early 1960s, Lee Kleiss started a Round-Robin
newsletter that continued for a number of issues. Since they are
of historical interest, KIT will be reprinting some of them.
First I raised the question of "judgment," by mentioning
the circumstances around Gunther Homann's death that had
been bothering me for the past four years, and concerning
which none of my letters had been answered (Gunther's case
was a special case where I had been informed that the
Brotherhood "decided' that his illness was one of self-pity and
lack of will to fight. Two days later he was dead. Suddenly there
was a shift in the attitude of people. There had also been other
situations of near "judgment" about an individual's lack of
health being caused by his or her spiritual state which had
bothered me, but I only mentioned my situation here.) There
was a very free atmosphere about these questions. I was
immediately told that there had been a clearance about the
circumstances around Gunther's death. The discussion was so
free and open that I did not want to press for details. What was
past and settled was past and settled.
Next I believe I raised the question of actions that are
carried out contrary to Brotherhood decision. I told what I
knew of the circumstances of a family sent from Primavera to
Woodcrest, met at the airport in New York and asked to go to
his parents in California to "think things over." The
Brotherhood was only told afterwards "that they were not
coming." Here I met with the first example of evasiveness. As
long as we were speaking in large generalities, there was free
admission of coldness and lack of love. But as soon as I pressed
details, there was immediate evasion. Art said, "I was not
there, BUT I AM SURE THE BROTHERS WHO MET THE
AIRPLANE DID RIGHT."
-------- KIT Newsletter October 1992 IV #9 --------
Dear KITfolk: It has come to our attention that some
Bruderhof members are telling KIT people that "KIT leadership
has told us that they are out to destroy the Bruderhof." This is
totally and absolutely untrue. In fact, although there is no "KIT
leadership" as such, Ramon and other staff members have gone
to special lengths, both in letters and in conversations, to insist
on just the opposite. It bears repetition here, once again, that we
wish the Bruderhof no harm. We also do wish that the
Bruderhof would fulfill its legitimate destiny. It so happens
that the KIT staff, because of what even the Bruderhof
themselves would admit to as past failures, would encourage
them not to fall into the same pitfalls of leader-worship, of
blind faith in their 'system,' and to a 'them-and-us' state of
mind that can only lead to a closing down and hardening of
hearts. But that is just our opinion.
ITEM:The Woodcrest Brotherhood's
round-robin letter of 8/22/92 to the
Hutterite colonies (see KIT IV #9 p.
2) received a response signed by several ministers. They
identified themselves as concerned and perturbed by
Christoph's attitude, which they see as a "total violation of the
fundamental Christian principles of the Hutterian Church."
"Reading your letters and faxes, one would think you
come from a different planet. Your concept of unquestionable
and even blind obedience to elders is totally foreign to us."
They go on to point out that their founder Jacob Hutter
challenged an Elder and head servants. After a thorough
investigation, these individuals were removed as corrupt.
Christoph's call to blind obedience of the Elder they see as a
return to Mosaic law of the Old Testament. They quote
scripture, and point out how the tearing of the curtain hiding
the Ark of the Covenant at the moment of Jesus' death opened
that holy room to the public, where before only a cleansed High
Priest was allowed access. From then on, the era of Priests,
Popes and Elders was replaced by the "one true and holy one,
Jesus Christ... the only one that the true Hutterite will call Holy
and infallible. The only one that we dare not question, criticize
or judge."
They ask Christoph why it is that he feel that he and Jake
Kleinsasser are "not getting enough reverence?" An elder who
lives in humility and shows compassion, love and tolerance to
his flock, will not have to demand reverence. They challenge
all Hutterite servants to ask themselves: are they true Leaders
in their communities or are they Rulers?...
Ben Cavanna, 9/17/92: Journal excerpts reporting on the
EuroKIT Meeting:
Ben Cavanna, 9/17/92: Journal excerpts reporting on the
EuroKIT Meeting: It was such a great relief to find so
many people who had experienced so much that I had thought
only I had experienced; the loneliness and feeling of being a
"stranger in a strange land." Also that other people had many of
the same guilt feelings, even though one had developed one's
own system of living.
Many of the things that were said were VERY painful and
said to hear, but it was such a relief to share feelings that were
so deep, and for me, in owning up to many of the feelings, I felt
a great weight lift. So many were very careful of others' feelings,
and when someone was in distress over something that they
were sharing, often someone else would reply to them and say
something that was really supportive and helpful.
THERE WAS NO CRITICISM OF EACH OTHER.
THERE WERE NO JUDGMENTAL REMARKS ABOUT
OTHERS.
THERE WAS VERY ATTENTIVE LISTENING TO WHAT
EACH HAD TO SAY.
Thoughts of what I experienced:
I feel empowered by finding so many fellow travellers.
It is possible for people to love each other.
You can only change yourself, not others.
Ignore the words and LISTEN to what the person is
SAYING.
Forgiveness is something to be freely given, not begged
for; if you are truly sorry, say so. If the other party feels your
sorrow, they will offer forgiveness.
We are all at different stages along the path and cannot be
hurried.
The things we agree about are more important than the
things we disagree about.
Life is a wonderful thing.
SIXTH BIANNUAL REPORT ON THE STATE
OF KIT
...News from the Bruderhof comes almost totally from
third-party sources. There has been no attempt on their part to
improve relations with KIT, nor has there been any visible
change in what we can only interpret as a chilling in
relationships with KIT contributors and readers. Despite Johann
Christoph's original written guarantee that anyone was free to
read or write to KIT without having their visiting privileges to
the Bruderhof revoked, constant pressure to "choose between
KIT and your family" has been put on many people. The
Bruderhof's excuse is that these are "family matters" and not
brotherhood policy, but as anyone knows who has spent time in
the communities, there is no difference between 'family' and
'brotherhood' matters. It is merely convenient for the
Brotherhood to shift blame for this cold-hearted attitude onto
specific individuals. Recent news: as reported briefly in the
November KIT, the Canadian Supreme Court sided with Daniel
Hofer on his final appeal. Just exactly what all the
implications will be remains to be seen.
From the Supreme Court of Canada's judgment
setting aside the lower courts' judgment and allowing Daniel
Hofer's appeal, pps. 33 ff.
B. The Requirements of Natural Justice
The content of the principles of natural justice is flexible and
depends on the circumstances in which the question arises.
However, the most basic requirements are that of notice,
opportunity to make representations, and an unbiased tribunal.
1. Notice
A member must be given notice of the cause for which he
is to be expelled. It is insufficient merely to give notice that the
conduct of a member is to be considered at a meeting...
...adequate and timely notice is as important for two reasons.
First, it gives the person who may be expelled an opportunity to
consider his or her position and either see the error of his or
her ways and seek reconciliation, or prepare to defend himself
or herself. Second, adequate and timely notice allows the
members of the group who are to make the decision an
opportunity to ensure that they will be able to attend the
meeting and contribute to the discussion, or perhaps to ask for
an adjournment if they are unable to attend.
2. Opportunitv to Make Representation
The member who is to be expelled must also be given an
opportunity to respond to the allegations made against him or
her. There is some flexibility in the scope of the opportunity
required, but this issue does not need to be addressed in this
case.
A final comment from The Hon. Mme. Justice McLachlin's
dissenting opinion: "I share the Court of Appeal's sensitivity to
the apparent inequity that members who, together with their
wives and children, have contributed to the assets of a colony,
find themselves outside the colony without a share of the
assets. But I agree with the majority in the Court of Appeal that
the issue of property has not been placed before the court. The
appellants sued to remain as residents of the Colony and as
such to retain possession of their share of the assets of the
colony. Had they made a claim for a division of the assets and
judgment for their share, the court might have been called
upon to revisit the question raised in Hofer v. Hofer [1970]
S.C.R. 958, where the majority in this Court held that persons
expelled were obliged to leave the colony without any share of
its property. But the appellants' only claim at this juncture is for
the right to remain as members of the colony. It is on that basis
that we must decide the case."
Click here to get back to
The KIT Newsletters Page.