Crown attorneys have stayed all COVID-19 charges against His Tabernacle Family Church pastor Philip James Hutchings and church director Keith Douglas Cody Butler. .Hutchings was charged with obstruction and breaching COVID-19 restrictions for holding church services without ensuring all participants provided proof of vaccination, according to a Monday press release. .The release said the charges were dropped on November 17 after the Democracy Fund (TDF) lawyer Jonathan Martin filed a constitutional challenge, arguing COVID-19 restrictions were inconsistent with fundamental freedoms and privacy rights protected under the Canadian Charter of Rights and Freedoms. .It said religious freedom is important to many Canadians, and courts have recognized it is a right which should not be infringed. .TDF continues to work with Martin to defend Hutchings against contempt charges arising from allegations he unlawfully held church services in an indoor public space in 2021. .The New Brunswick Court of Appeal said in September comments made by a Queen’s Court judge at a contempt hearing against His Tabernacle Family Church showed his judgment was biased. .READ MORE: Appeal court rules judge hearing New Brunswick church case had tainted judgement.No legal argument was heard at the contempt hearing because the church requested an adjournment. The judge hearing the case opined the tent was an indoor public space prior to granting the adjournment. .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..A hearing for summary dismissal of the contempt charge is scheduled for December 20.
