Three Christian churches are appealing a B.C. Supreme Court judge’s ruling in favour of the prohibition on in-person religious gatherings in this province.
The churches (Riverside Calvary Chapel, Immanuel Covenant Reformed Church, and Free Reformed Church) appeared in court in early March to argue a blanket ban on in-person religious worship is unconstitutional. Also represented were four individuals, including a man who had been ticketed for publicly protesting COVID-19 restrictions.
Justice Christopher Hinkson, in a ruling March 18, upheld the ban on religious worship while declaring individuals have a right to protest.
The Justice Centre for Constitutional Freedoms, representing the churches and individuals, filed a notice of appeal March 31. It said the “central issue” of religious services being singled out among other gatherings was not addressed and that the court did not require the government to show “specific and persuasive scientific evidence” that would justify the “violation of constitutional rights, especially against freedom of religion.”
“A declared public health crisis does not permit courts to neglect their constitutional obligation to ensure that government actions respect the Charter rights of citizens,” said JCCF staff lawyer Marty Moore.
It’s not known when the appeal could be heard in court.
Archbishop J. Michael Miller has filed a separate petition in B.C. Supreme Court on behalf of the Archdiocese of Vancouver, seeking an exemption to the ban on worship for Catholics, and an interim stay application seeking the same relief on a provisional basis prior to the hearing of the petition. The interim stay application was put on hold indefinitely after health officials announced and then formally issued a variance order relaxing restrictions on worship in time for Easter. (They have since changed their minds about that plan, suspending the variance).
The archbishop’s petition has not gone before a judge.
Catholic lawyers connected to the archdiocese have called the worship ban “inconsistent” and “out of balance” with restrictions imposed on other gatherings.
Currently in B.C., religious gatherings are only allowed outdoors, with a maximum of 50 cars (and their passengers) and an additional 50 people, with sanitization measures, two-metre spacing between participants from different households, and registration in place. Current health orders limit indoor religious gatherings to 10 people for private prayer, weddings, and funerals only.
Officials first introduced the ban Nov. 19 and have since extended it several times, including over Christmas and Easter. It affects all people of faith.
