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Pastor wearing mask regarding churches court challenge

As the number of COVID-19 cases continues to climb in Canada, provinces have responded by imposing new restrictions on businesses and places of worship. Churches in various provinces have turned to the courts to challenge these restrictions on religious gatherings as unconstitutional, and some congregations are continuing to hold services despite restrictions that limit or prohibit in-person gatherings.

RCMP Visits B.C. Churches Holding In-Person Services

In British Columbia, three churches near Vancouver have reportedly continued to hold in-person services even though such gatherings have been prohibited in effort to stop the spread of COVID-19.

CBC News reports that the Free Grace Baptist Church in Chilliwack, Free Reformed Church in Chilliwack and the Riverside Calvary Chapel in Langley held in-person services on Sunday despite the provincial health order prohibiting in-person gatherings.

Riverside Calvary Chapel was reportedly fined $2,300 after it held in-person services last Sunday.

On the same day, a church in Kelowna was visited by the Royal Canadian Mounted Patrol during an in-person gathering.

“When officers arrived they observed several people in attendance who were not wearing masks or social distancing,” the RCMP said in a statement.

“Officers spoke at length with a leader to ensure there was a clear understanding of the updated regulations, and no fines were issued.”

Toronto Church Challenges Restrictions as Unconstitutional

The Toronto International Celebration Church earlier this week filed an application in the Superior Court of Justice seeking a declaration that the provincial COVID-19 restrictions infringe upon the church’s rights. Late last month, Toronto entered a new lockdown level which limits churches to in-person gatherings of 10 people indoors and 10 people outdoors. Non-essential businesses have been ordered to close.

The church’s founding pastor Peter Youngren filed an affidavit with the court, arguing that the COVID-19 restrictions do “not represent a tailored response” to the pandemic.

“At a time when many are suffering with isolation, depression and a sense of despair the most loving thing a local church can do is open its doors wide open while maintaining public health standards,” Youngren said in a video posted online Tuesday.

The new lockdown level was reportedly announced on Nov. 23. Youngren says that, before the new restrictions were announced, his church was operating effectively within the province’s restrictions that limited in-person services to 30% capacity. He believes the church should be able to continue to hold services while following guidelines to maintain social distancing, wearing masks, and operating at 30% capacity.Church during covid-19 regarding court challenge

TICC has asked the court to exempt the church from complying with the law until the court makes a ruling in the case.

The Canadian Civil Liberties Association (CCLA) says it intends to apply as an intervenor in the case.

“The limitation on this Charter right has the proportionality of a sledgehammer,” CCLA Executive Director Michael Bryant said in a statement. “This constitutional challenge is much needed to engage the judicial branch in our democracy, so we will seek to be heard by the Court.”

The current Toronto lockdown restrictions will remain in effect until at least Dec. 21 when the government will reassess the COVID-19 case levels and make a determination about what lockdown level is appropriate.

Two southern Alberta churches and three individuals have also challenged the province’s COVID-19 restrictions as unconstitutional.

However, legal experts have expressed skepticism that this application could be successful given the governments’ constitutional authority to implement measures to prevent a crisis from occurring or escalating.

Winnipeg Church Says Drive-In Services Should Be Allowed

Springs Church in Winnipeg was reportedly fined $25,000 for holding drive-in church services in November. It has asked a court to order an interim stay on the province’s public health order requiring places of worship to be closed to the public. This order reportedly prohibits churches from holding drive-in services.

The Justice Centre for Constitutional Freedoms said it would file an application for an injunction if the province does not change course to allow drive-in church services.

Winnipeg lawyer Allison Pejovic says she’s confident that a court would find the province’s order to be a breach of the Charter. She reportedly says the order “already allows people to do basically the same thing” such as going to stores for essential services, “just not in a religious setting.”

Pejovic says she believes “we have a very strong case on the drive-in services issue.”

Last month, RCMP showed up to a rural Manitoba church, which was holding a drive-in service. Manitoba’s public health order prohibits gatherings of more than five people and requires churches to close. Under the orders, churches can only hold virtual services.

According to RCMP, they advised about 125 people who were attending the drive-in service about the public health orders. The RCMP notified them that they would be fined if they entered the church property.

One man was reportedly fined $1,296 after he chose to enter the property instead of going home.

The church had previously been fined $5,000 for holding an in-person service that was reportedly attended by over 100 people.

Churches in the United Kingdom have also taken legal action over COVID-19 restrictions that ban worship services.

This week Canada approved the Pfizer COVID-19 vaccine and the first shipment is expected next week.

Do you think places of worship should be exempted from provincial restrictions on in-person gatherings? Why or why not? Tell us your thoughts in the comments section below.

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3 thoughts onChurches Around Canada File Legal Actions Challenging COVID-19 Bans

  1. To whom it may concern says:

    You had better SERIOUSLY charge and arrest ALL G7 leaders for their actions when off camera. WHY IS THERE A BLIND EYE TO THESE USELESS IDIOTS.

    The rules allow Costco to stay open with ZERO social distancing but closes a CHURCH whos only goal is to help mental health durring rough times. So its people can be better parts of society.

  2. J.laferriere says:

    You had better SERIOUSLY charge and arrest ALL G7 leaders for their actions when off camera. WHY IS THERE A BLIND EYE TO THESE USELESS IDIOTS.

    The rules allow Costco to stay open with ZERO social distancing but closes a CHURCH whos only goal is to help mental health durring rough times. So its people can be better parts of society.

  3. Cindy says:

    Cops need to do their job, uphold their oath and start going after all the gangs, the rapists and the murderers, and leave church goers alone!

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