All COVID-19 charges against Fairview Baptist Church in Calgary have been withdrawn by the Crown attorney. .“The Justice Centre is pleased to have been able to ensure that legal representation was provided to Pastor Tim Stephens, Pastor James Coates, Ty Northcott, and so many other courageous citizens who appropriately exercised their Charter rights and freedoms, even when these were being unjustifiably violated by governments, from March of 2020 onwards,” said Justice Centre for Constitutional Freedoms President John Carpay in a Tuesday press release. .The JCCF said charges were laid against Stephens and Fairview Baptist Church for violating COVID-19 restrictions in 2021. It added Alberta Court of King’s Bench Associate Chief Justice John Rooke issued a restraining order in 2021 that applied to the Whistle Stop Cafe but not to anyone acting independently of it anywhere in Alberta. .The order was amended by Rooke a few days later, restricting it to the Whistle Stop Cafe and those acting in concert with it. As a result of the amendment, the restraining order could no longer apply to Stephens or Fairview Baptist Church. .Stephens became the third religious leader arrested in Alberta for allegedly violating COVID-19 restrictions over church attendance in 2021. .READ MORE: Third pastor arrested in Alberta for breaking COVID lockdowns.He was arrested by the Calgary Police Service. Fairview Baptist Church had been the subject of repeated warnings from Alberta Health Services for having too many people at his services..He had vowed to continue services. .Stephens spent 18 days in jail, but he was released when gathering limits were removed. Four of the six charges laid against him were dropped by the Crown attorney soon after. .The Provincial Court of Alberta acquitted Stephens on the two remaining charges of violating COVID-19 restrictions in November. .READ MORE: Pastor Stephens acquitted on charges of breaching COVID public health orders.“We are pleased that the court acquitted Pastor Stephens on the charges of not complying with a public health order,” said the JCCF. .“Pastor Stephens was illegally arrested and imprisoned for having allegedly violated the public health orders, which have since been shown to be ineffective and harmful.”.This acquittal follows the Ingram vs. Alberta decision. The COVID-19 restrictions Fairview Baptist Church had violated were found to be ultra vires the Public Health Act and were invalid. .The Public Health Act requires all decisions with respect to public health orders be made by the chief medical officer of health and not by cabinet. .“While involvement of elected officials in these important decisions may be desirable and even necessary, this involvement should have been structured in such a way as to mitigate the risk of political priorities interfering with the informed and well-qualified judgment of the Chief Medical Officer of Health, as provided in the Public Health Act, without ignoring the underlying public interest,” said Alberta Court of King’s Bench Justice Barbara Romaine. .The Court of King’s Bench of Alberta invalidated the COVID-19 restrictions implemented by former chief medical officer of health Dr. Deena Hinshaw on July 31. .READ MORE: Alberta court strikes down Hinshaw's public health orders that violated Charter freedoms.The Court of King’s Bench of Alberta struck down these COVID-19 restrictions because they were issued by cabinet rather than Hinshaw. Hinshaw testified at trial politicians were the final decision-makers, and she provided advice and recommendations. .Since they were invalidated, the JCCF said it expected Crown attorneys will need to withdraw charges against Northcott, Coates, and Fairview Baptist Church.
