While BC lawyers prepare to challenge a court ruling that would allow pandemic parishioners back into the pews, Vancouver Island church-goers are organizing a mass protest Easter Sunday..The Justice Centre for Constitutional Freedoms recently filed a Notice of Appeal after a lower court upheld the BC Government’s Provincial Health Orders which prohibit in-person worship services..Paul Jaffe is a Vancouver lawyer and lead counsel for the petitioners on the case: three churches, as well as a Dawson Creek man arguing his freedom to publicaly protest despite being “reined in” by the Mounties..“They are similar cases in the sense the target of our constitutional challenge are the orders of (Provincial Health Officer) Dr. Bonnie Henry,” he said..“In both instances we said the order was over-broad in that they were prohibiting things for which there was no medical basis … and they were arbitrary — especially with respect to the churches — that they were prohibiting some kinds of gatherings, but not others based on the subject of discussions at these gatherings.”.Jaffe added it appeared secular assemblies were condoned, while those who simply wished to worship are being denied the same rights..That’s the feeling of Black Creek, BC resident Larry Baillie, who said he plans on being part of a mass protest to take place Sunday in Campbell River, about 30-km north of Black Creek..“It will be a peaceful protest, with a march,” the Living Waters Fellowship parishioner said..Baillie said he believes the province doesn’t really know what it’s doing when it closes churches..“Even when we were allowed to be open, our pastor received a call from the RCMP who said if they received one complaint, they would send an officer to issue tickets.”.Jaffe’s familiar with the tactic and said the churches and individuals involved in his case have received dozens of $2,300 tickets for peacefully exercising their constitutional freedoms to gather, protest and worship..“Between four or five people, we had about $35,000 in fines back in January. I know that increased immensely over the past few months.”.The court battles began January 8 when the Justice Centre filed a constitutional challenge against restrictions on public protest and the prohibition on in-person worship services..Chief Justice Christopher Hinkson, of the Supreme Court of British Columbia, issued a decision March 18 which struck down the prohibition on public protest in place from November 19, 2020 to February 10, 2021, but dismissed the challenge to the ban on in-person worship services..Hinkson wrote while Henry’s orders infringe the fundamental freedoms of religion, expression, peaceful assembly and association, in the Court’s view, Henry was owed deference to her decision-making..Hinkson further ruled Henry was not required to be correct in making her orders, but only needed to have acted in a reasonable range of alternatives..The BC churches challenging the Provincial Health Orders assert they’ve gone to extraordinary lengths to comply with health guidelines, including limiting attendance to no more than 50 persons, pre-registering attendees, maintaining detailed contact tracing systems, rearranging seating to ensure physical distancing, providing hand sanitizer and masks, and enhancing cleaning and sanitizing procedures..“Still, the provincial health officer ruled gatherings of people for worship were prohibited, while gatherings for people in any number of other purposes was fine,” said Jaffe..“Watching hockey games at the pub, going to Costco and gyms are all OK. The notion that somehow transmission risks are a function of discussion is ridiculous.”.A couple of things are at stake in this case, Jaffe said..“I think it’s important for the government to know they have no power to control the subject of discussions, and the exercise of fundamental freedoms unless they have very good reasons to do that.”.Jaffe further argues that specifically goes against the Canadian Charter of Rights that guarantees freedom of religion, conscience, thought, opinion and beliefs, expression, peaceful assembly, association, et al..The Justice Centre will argue that a number of errors were made by the lower court ruling, including: treating the orders deferentially and considering them administrative decisions, when they should have been judged as laws affecting all BC residents; the lower court failed to adequately address the central issue in the case, namely why religious services were treated differently..In-person faith services were banned entirely while other in-person gatherings which pose a greater risk of transmission were permitted and that the lower court failed to require the province to show specific and persuasive scientific evidence to justify its violation of constitutional rights, especially against freedom of religion, and improperly relied on the unsworn public statements of Henry made to the media..“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,” added Justice Centre Staff lawyer Marty Moore..A court date for the appeal has yet to be determined..Mike D’Amour is a former investigative reporter for Sun Media, and the Western Standard’s B.C. bureau chief.mdamour@westernstandardonline.com
While BC lawyers prepare to challenge a court ruling that would allow pandemic parishioners back into the pews, Vancouver Island church-goers are organizing a mass protest Easter Sunday..The Justice Centre for Constitutional Freedoms recently filed a Notice of Appeal after a lower court upheld the BC Government’s Provincial Health Orders which prohibit in-person worship services..Paul Jaffe is a Vancouver lawyer and lead counsel for the petitioners on the case: three churches, as well as a Dawson Creek man arguing his freedom to publicaly protest despite being “reined in” by the Mounties..“They are similar cases in the sense the target of our constitutional challenge are the orders of (Provincial Health Officer) Dr. Bonnie Henry,” he said..“In both instances we said the order was over-broad in that they were prohibiting things for which there was no medical basis … and they were arbitrary — especially with respect to the churches — that they were prohibiting some kinds of gatherings, but not others based on the subject of discussions at these gatherings.”.Jaffe added it appeared secular assemblies were condoned, while those who simply wished to worship are being denied the same rights..That’s the feeling of Black Creek, BC resident Larry Baillie, who said he plans on being part of a mass protest to take place Sunday in Campbell River, about 30-km north of Black Creek..“It will be a peaceful protest, with a march,” the Living Waters Fellowship parishioner said..Baillie said he believes the province doesn’t really know what it’s doing when it closes churches..“Even when we were allowed to be open, our pastor received a call from the RCMP who said if they received one complaint, they would send an officer to issue tickets.”.Jaffe’s familiar with the tactic and said the churches and individuals involved in his case have received dozens of $2,300 tickets for peacefully exercising their constitutional freedoms to gather, protest and worship..“Between four or five people, we had about $35,000 in fines back in January. I know that increased immensely over the past few months.”.The court battles began January 8 when the Justice Centre filed a constitutional challenge against restrictions on public protest and the prohibition on in-person worship services..Chief Justice Christopher Hinkson, of the Supreme Court of British Columbia, issued a decision March 18 which struck down the prohibition on public protest in place from November 19, 2020 to February 10, 2021, but dismissed the challenge to the ban on in-person worship services..Hinkson wrote while Henry’s orders infringe the fundamental freedoms of religion, expression, peaceful assembly and association, in the Court’s view, Henry was owed deference to her decision-making..Hinkson further ruled Henry was not required to be correct in making her orders, but only needed to have acted in a reasonable range of alternatives..The BC churches challenging the Provincial Health Orders assert they’ve gone to extraordinary lengths to comply with health guidelines, including limiting attendance to no more than 50 persons, pre-registering attendees, maintaining detailed contact tracing systems, rearranging seating to ensure physical distancing, providing hand sanitizer and masks, and enhancing cleaning and sanitizing procedures..“Still, the provincial health officer ruled gatherings of people for worship were prohibited, while gatherings for people in any number of other purposes was fine,” said Jaffe..“Watching hockey games at the pub, going to Costco and gyms are all OK. The notion that somehow transmission risks are a function of discussion is ridiculous.”.A couple of things are at stake in this case, Jaffe said..“I think it’s important for the government to know they have no power to control the subject of discussions, and the exercise of fundamental freedoms unless they have very good reasons to do that.”.Jaffe further argues that specifically goes against the Canadian Charter of Rights that guarantees freedom of religion, conscience, thought, opinion and beliefs, expression, peaceful assembly, association, et al..The Justice Centre will argue that a number of errors were made by the lower court ruling, including: treating the orders deferentially and considering them administrative decisions, when they should have been judged as laws affecting all BC residents; the lower court failed to adequately address the central issue in the case, namely why religious services were treated differently..In-person faith services were banned entirely while other in-person gatherings which pose a greater risk of transmission were permitted and that the lower court failed to require the province to show specific and persuasive scientific evidence to justify its violation of constitutional rights, especially against freedom of religion, and improperly relied on the unsworn public statements of Henry made to the media..“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,” added Justice Centre Staff lawyer Marty Moore..A court date for the appeal has yet to be determined..Mike D’Amour is a former investigative reporter for Sun Media, and the Western Standard’s B.C. bureau chief.mdamour@westernstandardonline.com
