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Chief Justice Christopher Hinkson ruled Chief Medical Officer of Health Dr. Bonnie Henry’s orders do infringe on freedoms of religion, speech, assembly and association, but ruled they are justified.
A BC judge has thrown out an appeal by the Justice Centre for Constitutional Freedoms to allow in-person services in the province.
Chief Justice Christopher Hinkson ruled Chief Medical Officer of Health Dr. Bonnie Henry’s orders do infringe on freedoms of religion, speech, assembly and association, but ruled they are justified.
He found Henry was owed deference to her decision-making and was not required to be correct in making her orders but only needed to have acted in a reasonable range of alternatives, said the JCCF in a release.
The decision came just two weeks after arguments concluded in a four-day hearing, held in Vancouver on March 1-3 and March 5, 2021.
On January 8, 2021, the JCCF filed a constitutional challenge on behalf of three churches and four individuals against restrictions on public protest and the prohibition on in-person worship services.
In response, the BC government filed an injunction application, targeting the three churches who filed the court challenge. On February 17, the Court denied the government’s request for an injunction.
“The BC churches challenging the Provincial Health Orders assert that they have gone to extraordinary lengths to comply with onerous health guidelines, including limiting attendance to no more than 50 persons, pre-registering attendees, rearranging seating to ensure physical distancing, providing hand sanitizer and masks, and enhancing cleaning and sanitizing procedures” said the JCCF.
“Some of these churches’ members cannot access online services, and for many in these faith communities, gathering in-person is essential to their spiritual and emotional well-being. Affidavits have been filed attesting to the negative effect prohibiting in-person gatherings has had on individuals, including loneliness, depression, anxiety and fear. Although support groups are permitted to meet, the Dr. Henry’s Orders prohibit faith communities from gathering for any “worship or other religious service”.
The BC government cited 180 purported COVID-19 cases associated with religious gatherings in the province. To date, there have been nearly 90,000 COVID19 cases in BC.
The JCCF saiod they provided the court with over 1,000 pages of expert evidence, including sworn testimony from an experienced and credentialed epidemiologist and former Chief Provincial Medical Officer of Health, as well as from an infectious disease specialist.
“The BC government allows hundreds of people to gather at any given time in a single big box store. Liquor stores and marijuana stores remain open. The government allows residents to gather and seat six at a table at bars and restaurants. But to members of faith communities, Dr. Bonnie Henry has stated: ‘Do not attend a service at a church, synagogue, mosque, gurdwara, temple, or other places of worship,'” said the JCCF.
In-person services were banned in BC November 19, 2020.
“We are … disappointed that the challenge to the prohibition on in-person religious worship was dismissed,” said Paul Jaffe, who appeared for the Justice Centre.
“We will be discussing this decision with our clients, including an appeal.”
Dave Naylor is the News Editor of the Western Standard dnaylor@westernstandardonline.com TWITTER: Twitter.com/nobby7694
*Chief Justice Christopher Hinkson is as corrupt as can be!!!
~~ Lee Hanlon