The Supreme Court of Canada will not hear a further appeal from two Ontario churches that challenged the provincial government’s violations of religious freedom through COVID-19 restrictions. .“We are disappointed to learn that the Supreme Court determined that this was not a matter of national importance,” said Justice Centre for Constitutional Freedoms (JCCF)-funded lawyer Hatim Kheir in a Thursday press release. .“This is now the final word from the courts on the constitutionality of Ontario’s religious gathering restrictions.” .The Church of God in Aylmer, ON, and Trinity Bible Chapel in Waterloo, ON, filed an application for leave to appeal their constitutional challenge to the province's gathering restrictions to the Supreme Court in May..The parties sought to argue the lower courts failed to assess whether the gathering restrictions infringed on the freedom of expression, peaceful assembly, and association guaranteed under the Canadian Charter of Rights and Freedoms. .Ontario transferred its emergency powers into the Reopening Ontario Act (ROA) in 2020. Orders restricting gatherings to as few as 10 people were made under the ROA. .The Ontario Superior Court of Justice and Court of Appeal have upheld the violations of people’s freedom of conscience and religion and other fundamental freedoms. .The parties challenging gathering restrictions included the Church of God and pastor Henry Hildebrandt, who gained the attention of police for holding drive-in services..It was ordered to pay $274,000 in fines and costs for allegedly violating gathering limits, including three outdoor services held in 2021. .The Church of God had a little more to be thankful for in 2021, as its members knew gathering, singing and praying would not get them fined for the first time in months. .READ MORE: Embattled Aylmer Church of God ‘grateful but not excited’.Hildebrandt’s son Herbert said the developments were a welcome reprieve in adverse times..“I think right now, we really feel a little bit better,” said Herbert. .Trinity Bible Chapel, lead pastor Jacob Reaume and other church members have pursued this appeal to the Supreme Court. It received hundreds of thousands of dollars in fines while congregation members were locked out of the building by court order for several months. .The evidence in this case establishes the risk of outdoor transmission is negligible..Ontario government expert witness Dr. Zain Chagla said outdoor gatherings are safe regardless of COVID-19 case counts and variants of concern, outdoor restrictions might have increased transmission by encouraging gatherings in small indoor spaces where transmission risks are higher and restrictions on them are not justified or appropriate from a public health perspective. .The JCCF said the churches have challenged the gathering restrictions for violating fundamental freedoms in a manner which could not be justified in a free, democratic society. It said they have argued the harms caused by gathering restrictions outweigh any provided and must be struck down. .At the Ontario Court of Appeal hearing, the churches argued the Superior Court of Justice erred by improperly assessing and weighing the expert evidence; disregarding consideration of freedom of expression, peaceful assembly, and association; and misapplying the legal test under Section 1 of the Charter to find gathering restrictions as justified. Nonetheless, it upheld the denial of their challenge. .The JCCF initiated a lawsuit against the Ontario government for various COVID-19 restrictions in 2022. .READ MORE: Justice Centre takes legal action against Ontario lockdown measures .“The people of Ontario have suffered as a result of these arbitrary lockdowns — some of the worst in Canada for more than two years,” said JCCF lawyer Chris Naimi. .Naimi and JCCF lawyers Sayeh Hassan and Henna Parmar are representing former Ontario independent MPP Randy Hillier (Lanark-Frontenac-Kingston), who was charged for participating in anti-lockdown protests.
