Calgary pastor Tim Stephens will leave a city jail Tuesday afternoon after being arrested by police on Sunday for repeatedly refusing to follow COVID-19 lockdown rules on church capacity..His lawyers with the Justice Centre for Constitutional Freedoms said the Crown wanted to keep Stephens in jail until he agreed follow the rules..“Alberta’s public health orders are subject to Charter challenges in two separate court actions, and thus far the Alberta Government has failed to produce any medical or scientific evidence, in either court action, that might justify its public health orders as required by the Charter,” said the JCCF in a release..He was arrested Sunday at his Fairview Baptist Church by Calgary city police on the basis of a May 6 injunction issued against Whistle Stop Café in, Mirror, that had been sought by the government through Alberta Health Services..The sweeping order was amended late last week to apply only to organizers of COVID-19 lockdowns..“The May 6 injunction does not apply to Pastor Stephens, nor did it apply to him at the time of his arrest. His arrest and current detention are illegal,” said lawyer John Carpay, president of the JCCF..“Alberta Health Services knows that the May 6 injunction, which originally applied to all Albertans having notice of this injunction, was amended by Associate Chief Justice Rooke on May 13. Since then, this injunction has applied only to Whistle Stop Café and certain named or affiliated individuals.”.The JCCF said prior to May 6, police already had the right to issue $2,000 fines to citizens gathering outdoors. But the recipient of the ticket could plead “not guilty” and force the government at trial to produce medical and scientific evidence to try to justify its public health orders..Dave Naylor is the News Editor of the Western Standard.,dnaylor@westernstandardonline.com,.Twitter.com/nobby7694