National Post (National Edition)
Worship supplants virus rules, churches contend
The authority of God, and the necessity of worship during a time of great tribulation supersedes the imposition of measures to stop the spread of COVID-19, argue a number of churches across Canada that are facing legal action for holding services in violation of lockdown rules against indoor gathering.
The latest, Trinity Bible Chapel in Waterloo, Ontario, has been ordered to pay $38,000 in fines and $45,000 in legal costs for holding services in defiance of Ontario's 10-person limit per indoor gathering, and of a court injunction ordering them to follow the rules.
“Our offence is that we believe that God is our Supreme Authority, above and beyond all parliaments and courts,” wrote pastor Jacob Reaume in a blog post about the fines. “Christians, throughout history, have often found themselves conflicted when earthly rulers order them to do what God forbids or forbids them from doing what God commands. In such instances, we must obey God over government.”
That church isn't the only one. In one high-profile case, Pastor James Coates, who ministers to GraceLife Church in Parkland County, just outside of Edmonton, has been behind bars since Feb. 16. He has refused to abide by bail conditions that would see him released, which include not attending or holding services.
Coates was charged in mid-February with violating public health orders.
Following his release, he was arrested again for violating his conditions of release. His lawyers have argued the lockdown provisions violate Charter rights to religious freedom.
His trial is set for May 3 and he remains in the Edmonton Remand Centre.
In Canada, Charter freedoms are not absolute — the government can restrict them, but they must justify them, said Kristopher Kinsinger, an Ontario lawyer who's written for the National Post about churches and restrictions.
“That's not infinite and there are limitations there,” Kinsinger said. While the goal has been to restrict gatherings to protect public health, that could change as vaccines become more available.
“The justification for restriction on assemblies, not just for religious groups, but for everyone, is going to be harder and harder to justify,” he said.
Coates is represented by the Justice Centre for Constitutional Freedoms, a rightwing legal advocacy group that is also fighting against restrictions on church services in British Columbia, representing more than a dozen ticketed groups and individuals.
Recently, they won a legal spat against the B.C. government, which had sought an injunction preventing services until the case could be heard.
There have been small protests at Coates's hearings. And, in Calgary, Pastor Tim Stephens, who heads Fairview Baptist Church, held a full in-person church service last Sunday in support of Coates.
The Edmonton Interfaith Centre, meanwhile, has argued in a letter to the community that religious citizens should not be following public health orders “begrudgingly and minimally, but willingly and with an overabundance of care.”
“This may require certain sacrifices of self and of freedom, but such is the path of love,” the letter says.
It is signed by several Muslim leaders, as well as representatives from Lutheran, Anglican, Presbyterian, United and Unitarian Christian churches.
As for Reaume's church in Waterloo, the fines now total $83,000 for holding services. While the case dates back to services held in December, on Jan. 22, an Ontario court was unequivocal with an injunction: No more than 10 people were allowed to worship.
The church went ahead, two days later, holding a service with more than 200 participants.
“Risking reputation and financial viability to offer eternal hope and warm Christian fellowship to a world in despair is an act of love that I am certain Jesus smiles on,” Reaume wrote.
The church and its elders were brought before the court and, this week, the sentence was delivered.
The church's website says it is open for in-person services on Sunday.