The New Brunswick Court of Appeal said comments made by a Queen’s Court judge at a contempt hearing against His Tabernacle Family Church showed his judgment was biased, according to a Friday press release from the Democracy Fund (TDF). .The contempt hearing started after the church held religious services in an outdoor commercial tent in November. The New Brunswick government, that initiated the contempt proceeding, complained the tent was a “public indoor space” under COVID-19 restrictions. .The New Brunswick government said the tent services put the church in contempt of a previous court order prohibiting it from holding indoor religious services. .Church pastor Philip James Hutchings was placed in solitary confinement for one week in October. .Hutchings asked the court for an adjournment during a contempt hearing, where it was alleged he breached a court order by holding a church service. This church service did not comply with masking and social distancing requirements. .Hutchings was allegedly pressured by the judge to sign an undertaking as a condition for his release from jail..The release said no legal argument was heard at the contempt hearing because the church requested an adjournment. It said the judge hearing the case opined the tent was an indoor public space prior to granting the adjournment. .TDF lawyer Jonathan Martin asked the judge to recuse himself from the case because he prejudged the issue. He refused, so the church appealed. .The New Brunswick Court of Appeal unanimously ruled the judge stated the outcome without allowing all parties to be listened to. It ordered a new hearing before a different judge. .This case comes after TDF submitted a notice of application in the Federal Court of Canada on behalf of several Canadians against the health minister for mandating ArriveCan for international travel on August 24. .READ MORE: The Democracy Fund files lawsuit against health minister over ArriveCan.This lawsuit alleges the private medical information obtained by the Canadian government through ArriveCan breaches the Canadian Charter of Rights and Freedoms. .Some of TDF’s clients for this case are same households facing cumulative fines.
