Ultra-orthodox Jewish congregations ready to sue over ban on gatherings

The Jewish Community Council of Montreal, the Jewish Hasidic Council of Quebec and several other ultra- Orthodox Jewish congregations have sent a lawyer's letter to the Legault government urging it to reconsider its ban on gatherings in synagogues and other places of worship during the latest pandemic lockdown.

The letter, prepared by the law firm of Dunton Rainville and delivered to the provincial government last Friday, warns that failure to rescind the ban will see their clients “regretfully” seek redress before the courts.

“Our clients were very surprised by this announcement taken without any previous consultation and while the measures they had taken in collaboration with public authorities had shown their efficiency and permitted places of worship to remain open,” reads the letter, “they are also very concerned by the serious consequences that may result with the closure of places of worship for more than four weeks.”

Among the series of new lockdown regulations announced by Quebec Premier François Legault last Wednesday was a complete shutdown of places of worship until at least Feb. 8. Churches, synagogues and mosques had until then been permitted to remain open so long as a limit on the number of worshippers was respected.

The letter argues that keeping open places of worship is necessary if only “not to unreasonably violate the freedom of religion guaranteed by the (Canadian and Quebec) charters of rights and freedoms,” and that access to places of worship is “essential to the morale and mental well-being” of those who are religiously observant. The congregations argue that they successfully adjusted their religious practices to reduce to 25 the maximum number of worshippers in their synagogues in accordance with government “red zone” protocols and proved also that places of worship could be kept open in a “secure” manner “without risk to those who practise or the general public.”

They argue also that the Jewish faith is anchored in collective worship and that to shut down synagogues “even for the period of a few weeks, would leave a deep emptiness in the lives of those who turn to them to fully practise their religion.”

The law firm argues that the “psychological distress” suffered by its clients because of the lockdown regulations constitutes a “clear irreparable prejudice as well as increasing an unwanted sense of exclusion and alienation.”

The letter adds “in the event that these efforts to not allow places of worship to remain open in the present context, our clients will have no choice, regretfully, but to go before the courts without further notice or delay.”