Catholic lawyers want end to B.C.’s ‘inconsistent’ ban on worship

Catholic lawyers in the Archdiocese of Vancouver are adding their voices to the growing numbers calling for the B.C. government to end its ban on worship services.

The St. Thomas More Catholic Lawyers Guild of B.C. is preparing a formal request to the Ministry of Health to ease the current restrictions on churches in time for Easter.

Lawyer Warren Smith said the guild is acting now after receiving no response to a letter sent in December to Provincial Health Officer Dr. Bonnie Henry and Health Minister Adrian Dix. The letter asked the government to allow church services to resume, even if attendance is limited to 50 people.

“The prohibitions on religious gatherings seem to be out of balance with restrictions imposed on other social gatherings in British Columbia,” the guild’s Dec. 23 letter to Henry and Dix said.

In an interview Tuesday, guild lawyer Robert Piasentin said at issue is the “inconsistency” of how health orders have been applied across the province.

“We’ve got a situation where there are other things people can do, whether its attend a restaurant or bar, go skiing, do these other events that have higher transmission rates … while opportunities to practise one’s faith have been curtailed entirely,” he told CKNW radio.

He pointed out before worship services were banned Nov. 19, churches had been capped at a maximum of 50 participants who were spread out, wearing masks, and taking all other necessary precautions. Now, all public worship is banned, while in-person dining at restaurants and bars continues and exceeds 50 people in some cases. In Whistler, gatherings on and off the ski slopes have led to a large increase of COVID-positive cases in recent months.

“I don’t think that anyone would argue that a church should be allowed to gather and no one else should be allowed to gather,” Piasentin said. What’s concerning to him is “the inconsistency of the application.”

The guild noted an exemption to the ban has already been granted to B.C.’s Orthodox Jewish community after a synagogue argued its faith precludes the use of technology on the Sabbath. An exemption to allow worship with restrictions in place was granted and subsequently extended to other orthodox synagogues.

There have been no COVID-19 outbreaks linked to Mass attendance in the Archdiocese of Vancouver. Currently, only up 10 people are allowed to enter a church for private prayer or small wedding or funeral.

The Justice Centre for Constitutional Freedoms has filed a petition in B.C. Supreme Court arguing current health orders “unjustifiably infringe the rights and freedoms” of British Columbians. The St. Thomas More Guild is not part of that challenge.

Archbishop J. Michael Miller said the archdiocese “greatly appreciates” the initiative of the Catholic lawyers, who he said are “playing an active and responsible role” as citizens of this country.

“Guided by their conscience and in conformity with their rights in our democratic polity, they understand the need to halt the spread of the coronavirus as well as to ensure that religious freedom, guaranteed by the Charter of Rights and Freedom, includes the right to public worship and can be restricted only for the most serious of reasons that should be explained to the public,” he said.

Quoting Pope Francis, he said the right to public worship “must therefore be respected, protected and defended by civil authorities, like the right to bodily and physical health. For that matter, sound care of the body can never ignore care of the soul.’”

Piasentin said he worries about the effects on the faithful if they are prevented from accessing worship services for an indefinite period of time, especially with Lent and Easter approaching.

“A lot of people find they take a lot of solace, they get a lot of inner strength, as a result of attending Mass services and practising their faith in the church community,” he said.

Catholics were prevented from attending Christmas services in December, and if the restrictions remain in place this will be the second Easter churches are closed to services.

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