Pastor James Coates has been denied bail and will stay behind bars until his trial in May..Justice Peter B. Michalyshyn, in the Edmonton Court of Queen’s Bench, made the ruling Friday morning stating the pastor’s continued detention was “justified” and “necessary.”.“Pastor Coates is bound by the rule of law. His refusal to the condition of release and multiple noncompliances with the stated intent to continue concerns public safety,” Michalyshyn said..Coates’s refusal prefaced on his “strong interpretation of holy scripture” rather than an unwillingness to ensure the health of his congregation, he noted..An affidavit by his wife Erin Coates, which spoke to the religious atmosphere at the GraceLife Church, “presented nothing new for deliberation but the depth of his [Pastor Coates] convictions,” said Michalyshyn..“Moreover, the Charter rights infringement case does not overcome the valid public health orders mandating distancing and occupancy limits of 15 per cent.”.Coates was represented by the Justice Centre for Constitutional Freedoms..In a Thursday bail hearing, Coates’s counsel James Kitchen argued the condition of release to stop preaching was a direct violation of Coates’s conscience and without legal precedent..“This matter violates Pastor Coates’s Charter rights … and disobeys his God. Its justification is suspect at best, and based on theory and not evidence,” Kitchen said..“The court has had well over half a year to put together evidence for the imposed health order, and the condition of release can only be imposed upon conviction which has not taken place.”.“Pastor Coates is not a public health threat, and won’t hurt anyone or commit a crime,” he said, adding the condition “is a stain on the courts.”.The Crown – who asked not to be named over safety fears – argued Coates’s breach of undertaking was valid, regardless if he signed, though Kitchen found that charge “incredibly weak.”. Erin Coates, the pastor’s wife, said in an affidavit her husband could not abide by the conditions “in good conscience.”.“These beliefs include the necessity of the whole congregation gathering physically, in person for Sunday morning services,” Erin wrote in the affidavit..She said failure to hold Sunday services would be “an act of disobedience to Christ.”.“The restrictions imposed by the (Chief Medical Officer of Health) are hurting Grace Life congregants far more than COVID ever could,” Erin wrote..“It would be amount to fearing man instead than fearing God.”.Erin said her husband has lost weight in jail and is having problems with his neck. He is only let out of his cell twice a day for 15 minutes at a time..Erin said her eldest son, not fathered by James, celebrated his 18th birthday on February 25 and was “heartbroken” when the pastor wasn’t around for him to legally change his name on that day..Coates, of GraceLife Church, was arrested by the RCMP last month and in two court appearances has so far refused to commit to a judge he won’t do it again..He is not scheduled to go to trial until May.. Pastor Coates denied bailEdmonton Courthouse Photo by Alex Dhaliwal, Western Standard .In a letter to Premier Jason Kenney, the JCCF pleaded with him to free Coates and also asked him to “assume responsibility for protecting the Charter rights and freedoms of Albertans, and cease allowing the Chief Medical Officer to violate them by health orders that are not reviewed by, or approved by, the elected Members of the Legislative Assembly.”.Kenney has declined to get involved..But last April, the government did admit they have freed certain criminals from their jails. The justice ministry said it had released all 32 offenders behind bars for failing to pay fines and let offenders serving a weekend jail sentence to serve their time on house arrest..Since December, Coates has received numerous warnings and tickets from the AHS and RCMP for having up to 300 people at his services. Current law in Alberta says churches are allowed to open at 15 per cent capacity..“The congregants of Grace Life hold strongly to their religious beliefs regarding the necessity of gathering in-person to worship and to minister to each other through fellowship and corporate prayer and worship, exercising their Charter freedoms peacefully,” said the JCCF..“The Justice of the Peace ordered Pastor Coates released on the condition that he stop holding church services, a condition he could not, in good conscience, agree to. Pastor Coates is currently in jail, awaiting trial, as he will not be released unless he agrees to the condition, or the Prosecutor agrees to withdraw the condition.”.In prison since two weeks, Coates risks another two months in prison if his bail is not lifted..The RCMP said it had tried to work with Coates to no avail..“We’ve been consistent in our approach of escalated levels of enforcement with Pastor Coates, and we were hopeful to resolve this issue in a different manner” said Insp. Mike Lokken..“The Pastor’s actions, and the subsequent effects those actions could have on the health and safety of citizens, dictated our response in this situation.”.The church has continued to hold packed Sunday services while Coates has been in jail..The RCMP were on scene and said pandemic laws continue to be broken, but no further legal action has been taken..NDP leader Rachel Notley has taken to Twitter to voice her displeasure towards GraceLife Church..“We cannot have open defiance of public health orders while the vast majority of Albertans do their part to stop the spread of COVID-19,” said Notley..She urged the premier and the Alberta government to “step in and stop” those who continue to evade efforts to flatten the curve. .Dahiwal is an Edmonton reporter for the Western Standard
