Trinity fined $38K for contempt
WOOLWICH TOWNSHIP — Trinity Bible Chapel and six church elders are facing a total of $38,000 in fines after being found in contempt of a court order.
The parties have also been ordered to pay the legal costs of $45,000 associated with the contempt findings.
In his written decision filed on Tuesday, Justice Paul Sweeny found the Woolwich Township church and its elders “wilfully disobeyed” the court order issued by the Superior Court of Justice.
“It was flagrant. It was intentional and it was public. It attracted the attention sought by the Contemnors,” he wrote.
On January 22, a court order was presented to the elders of Trinity Bible Chapel on Lobsinger Line, restraining them from holding gatherings of 10 people or more at the church.
This is in line with the restrictions put in place under the Reopening Ontario Act. It was issued after the church held in-person services on Dec. 27 and Jan. 3.
In the days that followed after those inperson services, the church elders and the church organization were served with summons, charged with violating the provincial Act designed to combat the spread of COVID-19. These charges are to be spoken to in court at a judicial pretrial on Friday.
Two days after the court order was issued, the church held two in-person church services. The senior pastor Jacob Reaume had encouraged others to attend the church in violation of the order.
The lawyer for the Attorney General of Ontario, Richard Ogden, requested that each of the elders be fined $7,500 and the organization be fined $25,000 for the contempt. Defence attorney Lisa Bildy requested fines be set at $5,000 for the church and $1,000 each for the elders.
In the end, Sweeny decided on different amounts for those involved.
Senior pastor Jacob Reaume and associate pastor Will Schuurman were fined $5,000 each.
Randy Frey, an employee, was fined $4,000.
Dean Wanders, Harvey Frey and Daniel Gordon, directors of the Trinity Bible Chapel, were fined $3,000 each.
The church organization has been fined $15,000.
Several times in his written decision, Sweeny wrote that church leadership had opportunities to challenge the provincial legislation. He wrote the Emergency Management and Civil Protection Act specifically refers that the legislation is subject to the Charter, “but they chose not to take that route.”
There has been no apology or demonstration of remorse for breaching this order, Sweeny wrote. The parties only said they are conflicted over what to do in the face of the lockdown and the court order.
The defence attorney for Trinity said she expected a significant penalty as the court is concerned with upholding the rule of law.
“But the rule of law in a liberal democracy also means that governments should not take advantage of a purported emergency to suspend civil liberties indefinitely, to disregard constitutional norms, and to concentrate decision-making power in the hands of unelected medical professionals,” Bildy wrote in an email response.
In deciding the amount each party would pay, Sweeny said he’s aware of evidence that the church is soliciting donations to a legal fund to assist with legal troubles.
A GoFundMe fundraising page has been set up to help with church’s legal costs. As of Wednesday, $22,950 has been raised.