In ten days of hearings, Fraser Valley churches will argue that BC Provincial Health Officer Dr. Bonnie Henry granted preferential treatment to synagogues over mosques and churches when considering exemption requests of her ban on in-person worship services.The churches, who are represented by the Justice Centre for Constitutional Freedoms, argue that their prosecution for violating public health orders is an abuse of process and should be stayed.Lawyers for the churches will present evidence that Henry acted dishonestly and in bad faith while banning in-person worship services in 2020 and 2021, granting immediate exemptions to Jewish synagogues while ignoring exemption requests from Muslims and Christians.In November 2020, Dr. Henry banned in-person worship services while allowing bars, restaurants, gyms, and salons to remain open for in-person services.Along with several other churches in the Fraser Valley, the Free Reformed Church in Chilliwack, BC, re-opened its doors in 2020 and 2021 while simultaneously complying with health orders regarding face masks, hand washing, and social distancing.In January 2021, the Free Reformed Church, along with two other churches, filed a constitutional challenge to the prohibition on in-person worship services. After filing the challenge, these churches submitted an accommodation request to gather for in-person worship services, but their request received no response for several weeks. Meanwhile, Henry responded within one or two days to accommodate Orthodox synagogues, granting them permission to meet in-person.Two business days before the court was scheduled to hear the constitutional challenge, Henry finally granted the Free Reformed Church and two other churches limited permission to gather outdoors, while refusing them permission to gather indoors, claiming that indoor gatherings were too risky.However, earlier that same week, Henry had granted all Orthodox synagogues in the province permission to gather indoors; that same week, mosques seeking permission to gather in-person received no accommodation.On March 18, 2021, BC Supreme Court Chief Justice Christopher Hinkson dismissed the Free Reformed Church’s challenge, in part because Henry had granted them permission to meet outdoors. The BC Court of Appeal upheld the decision, and the Supreme Court of Canada refused to hear the case.Lawyer Marty Moore says the churches he represents have a strong case.“When government officials, including public health officers, exercise coercive government power, it is essential that they use that power honestly, in good faith and without discrimination against people based on irrelevant consideration, including their particular religious faith,” stated Moore.“We believe that the evidence in this case will show that the Provincial Health Officer’s treatment of faith communities during 2020 and 2021 violated the rule of law and that the prosecution of pastors and churches in this context undermines public confidence not only in our public health officials, but also in our justice system.”The hearings, held in Courtroom 205 at the Chilliwack Law Courts on 46085 Yale Road, will conclude on Thursday, June 27.
