PASTOR TO STAY BEHIND BARS
Judge denies bail following review
Gracelife church pastor James Coates will remain behind bars ahead of his trial this spring for allegedly breaching COVID-19 restrictions.
Coates, pastor at the Parkland County church, has been jailed in the Edmonton Remand Centre for the past two weeks after continuing to hold worship services without face masks, capacity limits or physical distancing.
Edmonton Court of Queen's Bench Justice Peter Michalyshyn ruled Friday that there were no legal errors in a justice of the peace's decision last month to release Coates on the condition he comply with public health rules.
As a condition of the release, Coates was ordered to adhere to a legal undertaking — which he did not sign — requiring him to abide by the Public Health Act.
Coates was arrested after Gracelife continued to hold in-person services. His trial is scheduled for May in Stony Plain.
Michalyshyn said that Coates' religious beliefs aside, “beliefs and convictions, without more, do not overcome those valid and enforceable laws.”
“He remains subject to the rule of law,” the judge said.
James Kitchen, Coates' lawyer, said his client's decision to not adhere to the undertaking — which required him to stop holding church services without social distancing or capacity limits — is a matter of conscience.
Michalyshyn summarized the defence's position that it was less a matter of Coates' willingness to follow the rules than “his very ability to do so.”
Michalyshyn said Coates and his congregation hold to a “strong and literal interpretation of holy scriptures,” which command that they meet in person and keep their faces uncovered during worship. Kitchen said his client is a law-abiding man, but that in cases where the law and his interpretation of scripture conflict, the latter prevails.
In an affidavit, Coates said the health orders “directly contravene the authority of the local church, and the supreme authority of the Lord Jesus Christ.” The affidavit cites, among other things, Premier Jason Kenney's May 2020 references to COVID-19 as an “influenza,” which critics argued downplayed the seriousness of the virus.
The Gracelife case emerged last December, when authorities allege Gracelife sent an email to followers indicating they intended not to follow virus-related restrictions. At the time, those restrictions required masks, social distancing and 15-per-cent capacity limits on indoor worship.
Alberta Health Services officials visited the church and were told they were aware of the rules, but “would not or could not police their members,” Michalyshyn said in summarizing the Crown's case.
On Feb. 7, Coates was charged with breaching distancing and capacity restrictions imposed by chief medical officer of health Dr. Deena Hinshaw. He was released on a promise to appear with a condition that he comply with public health orders. A week later, authorities attended the church and saw continued violations.
Kitchen said requiring Coates to sign the undertaking violated his Charter rights to religious liberty and freedom of expression. He noted that even if Coates is convicted of breaching the Public Health Act, he cannot face jail time.
The public health prosecutor argued Michalyshyn's task in the bail review was not to weigh those arguments, but to simply determine whether there were legal errors in the condition imposed by the justice of the peace.
In an unusual move, the prosecutor asked to appear by her title, rather than her name, citing “security” concerns.
Michalyshyn said the fact Coates intends to raise Charter arguments at trial did not convince him the justice of the peace made a legal error.
The judge said the conclusion that Coates' unconditional release posed a risk to the public was sound, given Coates' “unrepentant admission” that he will continue to violate public health rules.
Coates appeared by CCTV from the Edmonton Remand Centre. He stood in a video conference cell wearing orange and black coveralls. He held his left wrist in his right hand, swaying gently side to side.
John Carpay, whose Justice Centre for Constitutional Freedoms is representing Coates, claimed provincial and federal governments have failed to “put forward persuasive evidence that the lockdowns are doing more good than harm.”
“It's rather tragic that you've got a pastor in jail for not being willing to comply fully with unscientific and unconstitutional health orders,” he said.
Coates' trial on the Public Health Act charges is set to run May 3-5.