The Justice Centre for Constitutional Freedoms (JCCF) announced three British Columbia churches filed an application for leave to the Supreme Court of Canada due to a decision from the British Columbia Court of Appeal. .“This case centred on the question of whether BC’s violation of Charter rights was a reasonable limit ‘demonstrably justified in a free and democratic society’ as required by Section 1 of the Charter,” said JCCF Litigation Director Marty Moore in a Wednesday press release..“However, this issue cannot be fairly addressed when a court prevents citizens from providing evidence on whether the restriction of their rights was justified, fails to require that the government justify its restriction of Charter rights, and in fact, holds that citizens are not entitled to challenge the constitutionality of government orders they have been charged with violating.”.The release said the three Fraser Valley churches hold as a fundamental tenet of their beliefs in-person assembly for worship services is commanded by God and an essential component of their faith. It said these churches were subjected to police surveillance and charges for hosting in-person worship services. .The JCCF launched court challenges in defence of 16 people and churches in British Columbia that had been slapped with $2,300 fines for violating COVID-19 restrictions in 2021. .READ MORE: Justice Centre to defend BC COVID defendants.“Many members of faith communities cannot access online services,” said the JCCF. .“For these individuals, gathering in-person is essential to their spiritual and emotional well-being, especially to cope with the negative effects of lockdowns.”.Supreme Court of British Columbia Justice Christopher Hinkson issued a decision in 2021 dismissing the challenges to the ban on in-person worship services. The British Columbia government conceded its ban on outdoor protests from 2020 to 2021 was unjustified and declared it to be of no force or effect. .A notice of appeal was filed in 2021. Moore said in his written argument the “categorical prohibition on in-person worship services did not minimally impair or give effect as fully as possible to the Charter rights engaged.”.The BC Court of Appeal hearing was held in March, with it issuing this decision in December. It dismissed the churches’ challenge to the prohibition on in-person worship services. .The release went on to say counsel is seeking leave to appeal to the Supreme Court to determine whether the constitutionality of orders infringing Charter rights ought to be treated by the court as administrative decisions rather than a law of general application. It added the potential appeal will determine whether people challenging the constitutionality of administrative decisions can provide evidence relevant to whether the decisions are demonstrably justified in a free, democratic society. .It said the potential appeal will decide whether citizens challenging the constitutionality of Charter-infringing measures bear the burden of proving the unreasonableness and lack of justification for them. This case could determine whether a province can prevent the judicial review of the constitutionality of orders. .Moore said in his application the determinations, stemming from administrative rather than constitutional law, “severely degrade the Charter’s strength in protecting citizens’ rights and freedoms.”.“We believe this case warrants the consideration of the Supreme Court of Canada to address these fundamental issues of constitutional concern in Canada,” he said.
