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Fraser Valley churches take COVID gathering ban appeal to top court

Langley, Abbotsford, and Chilliwack churches are seeking a Supreme Court of Canada hearing
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Three churches who challenged bans on group services during the COVID lockdowns are trying to appeal to the Supreme Court of Canada. (File photo by The Canadian Press)

Three churches that challenged the ban on public gatherings during the COVID-19 lockdowns in 2020 and 2021 will attempt to appeal their case to the Supreme Court of Canada.

A notice of leave to appeal was filed Feb. 14 on behalf of John Koopman, John van Muyen, and Langley91裸聊视频檚 Riverside Calvary Chapel, Immanuel Covenant Reformed Church in Abbotsford, and Free Reformed Church of Chilliwack.

The B.C. Court of Appeal recently ruled against the churches and individuals, who had challenged the province91裸聊视频檚 right to shut down in-person religious services during the second wave of the pandemic.

They lost their first case in 2021, and then were .

91裸聊视频淭he ban on in-person gatherings for religious worship fell within a range of reasonable outcomes and proportionately balanced the appellants91裸聊视频 freedoms with the attainment of critically important public health objectives,91裸聊视频 the ruling said.

The Justice Centre for Constitutional Freedoms, a socially conservative legal advocacy organization, announced that it will ask the Supreme Court to hear its appeal on four grounds, all of which touch on the Canadian Constitution or the Charter of Rights and Freedoms.

The request for an appeal says that the lower courts91裸聊视频 rulings are based on administrative rather than constitutional law, and 91裸聊视频渟everely degrade the Charter91裸聊视频檚 strength in protecting rights and freedoms.91裸聊视频

Lawyers for B.C.91裸聊视频檚 health authorities, and lower court judges, have never denied that the public health orders banning gatherings and group worship services didn91裸聊视频檛 infringe on rights. Instead, they relied on arguments that it was a necessary infringement to protect public health, lives, and the health system during a pandemic.

91裸聊视频淚n cases like this, it is the population that is the patient,91裸聊视频 lawyer Catherine Reilly argued during the B.C. Appeal Court hearings on behalf of the province, Attorney General91裸聊视频檚 office, and health authorities.

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To be heard by the Supreme Court of Canada, lawyers have to file a 91裸聊视频渓eave to appeal91裸聊视频 application.

About 600 requests for the Supreme Court to hear cases are filed every year, but the court turns down most of those, hearing about 80.


Have a story tip? Email: matthew.claxton@langleyadvancetimes.com
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Matthew Claxton

About the Author: Matthew Claxton

Raised in Langley, as a journalist today I focus on local politics, crime and homelessness.
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