香蕉视频直播

Skip to content

UPDATED: Lawyers spar over injunction against Fraser Valley churches defying COVID health orders

A judge is hearing arguments Friday morning in Vancouver Supreme Court
24219021_web1_210211-ABB-Church-injunction_1
Immanuel Covenant Reformed Church at 35063 Page Rd. in Abbotsford is among three Fraser Valley churches that the B.C. government is trying to get a court injunction against for holding in-person services. Public health orders issued in November have banned such gatherings. (Google Maps)

Members of three churches in Langley, Abbotsford, and Chilliwack should be banned from attending services by an injunction because of the ongoing threat of the COVID-19 pandemic, a lawyer representing the Attorney General of B.C. and Dr. Bonnie Henry argued Friday morning in B.C. Supreme Court in Vancouver.

香蕉视频直播淭here is no question we are facing a continuing problem,香蕉视频直播 said lawyer Gareth Morley, arguing before Supreme Court Chief Justice Christopher Hinkson.

The government is seeking the injunction to allow police to bar or potentially arrest people from gathering in Langley香蕉视频直播檚 Riverside Calvary Chapel, Immanuel Covenant Reformed Church in Abbotsford, and the Free Reformed Church of Chilliwack.

All three churches have continued to hold services in defiance of the bans, and in January they petitioned the court to lift orders that banned or restricted public gatherings, 香蕉视频直播渁s they unjustifiably infringe the rights and freedoms of the petitioners [the churches] guaranteed by the Canadian Charter of Rights and Freedoms,香蕉视频直播 according to the claim filed by their lawyers.

The B.C. government and Henry, as Provincial Health Officer, have argued the restrictions are necessary to control the pandemic, which has killed more than 1,200 British Columbians over the past year.

Lawyer Paul Jaffe, representing the churches, said there was no scientific evidence that the churches were a COVID-19 risk, and that churches can香蕉视频直播檛 do what they do without in-person services.

香蕉视频直播淭he evidence you have doesn香蕉视频直播檛 even mention the petitioners [the churches], doesn香蕉视频直播檛 even mention the way the petitioners have been conducting their services,香蕉视频直播 Jaffe said.

The churches are using physical distancing, hand sanitizer, and contact tracing, Jaffe said.

In fact, he argued that the injunction should be denied because the province香蕉视频直播檚 case is so weak that it has no chance of winning the hearing on the overall petition scheduled for March.

Jaffe also argued that one of the exemptions for meetings is for support groups, and that the churches function as support groups.

香蕉视频直播淪o it香蕉视频直播檚 already exempt from the banning, under this order.香蕉视频直播

The ban on religious gatherings was 香蕉视频直播渧indictive,香蕉视频直播 Jaffe suggested.

香蕉视频直播淢y clients can be detained on an officer香蕉视频直播檚 belief that they are going to pray. It香蕉视频直播檚 incredible,香蕉视频直播 he said.

Justice Hinkson quibbled with some of Jaffe香蕉视频直播檚 legal arguments.

The province香蕉视频直播檚 lawyers argued that while the churches have every right to challenge the ban in court, until they win they have to abide by the law of the land, and the injunction is required to ensure that.

香蕉视频直播淒r. Henry had to weigh the public health needs against the undeniable interests that everyone who has religious beliefs has in religious practice,香蕉视频直播 Morley said.

The injunction is needed, Morley argued, because the churches have continued meeting despite receiving tickets from the police on several occasions.

香蕉视频直播淩ight now they do not have the authority to do anything other than issue a ticket,香蕉视频直播 Morley said. It香蕉视频直播檚 not within Henry香蕉视频直播檚 power to order arrests under her own health orders, he noted.

He also argued that not only is there evidence backing up the government香蕉视频直播檚 position, there have been transmissions in churches in B.C., including at least one death, that took place under the previous distancing restrictions that were in place before November, which the churches argue make them safe.

Morley also criticized Jaffe香蕉视频直播檚 arguments to the court for comparing the risk to traffic collisions 香蕉视频直播 Morley said that traffic accidents aren香蕉视频直播檛 contagious.

What香蕉视频直播檚 at stake is more people in the community getting sick and some people dying, he argued.

Hinkson questioned some of Morley香蕉视频直播檚 arguments, and noted that Jaffe, representing the churches, would ask why churches are treated differently from restaurants or health clubs, for example.

Morley said Henry has stated that those types of gatherings are different, but that whether a gathering is religious or not doesn香蕉视频直播檛 inform the reasoning for the health orders.

香蕉视频直播淩eligious schools are treated the same way as secular schools, religious weddings are treated the same as secular weddings, religious funerals are treated the same way as secular funerals,香蕉视频直播 Morley said.

For all the discussion around scientific evidence, Hinkson香蕉视频直播檚 main concern seemed to be why the government needed the court香蕉视频直播檚 help in enforcing regulations.

Hinkson noted that some recent injunctions granted by B.C. courts have then not been enforced because the Public Prosecution Office decided it wasn香蕉视频直播檛 in the public interest.

香蕉视频直播淚f the government are going to come to this court and ask for assistance香蕉视频直播 I have to have some confidence that if I grant an order it香蕉视频直播檚 going to get dealt with and enforced by the government,香蕉视频直播 said Hinkson. 香蕉视频直播淎nd if it香蕉视频直播檚 not, why would I grant the order?香蕉视频直播

香蕉视频直播淵ou ask us for assistance, and we give it, and you won香蕉视频直播檛 back the courts up,香蕉视频直播 Hinkson added, saying that such a situation creates an issue of the reputation of the administration of justice.

READ MORE:

Morley said the government was seeking the injunction from the courts partly because the issues at stake are so fundamental, including religious freedom.

香蕉视频直播淭his is not just a matter of somebody having a rave in their basement,香蕉视频直播 Morley said. The government would feel free to crack down on that using its existing tools, he said.

香蕉视频直播淭he difference here is there is a matter of principle that is being adjudicated before you,香蕉视频直播 Morley told Hinkson.

He said that the church members are law abiding people and they have not said they won香蕉视频直播檛 obey a court order.

香蕉视频直播淲ell, they haven香蕉视频直播檛 said they will, either,香蕉视频直播 the judge replied.

There was no ruling by the end of the day, despite the fact that church could be held again on Sunday.

香蕉视频直播淚 am not going to give judgment today,香蕉视频直播 Hinkson said at the conclusion of the hearing.

香蕉视频直播淚 am not condoning any breaches of any orders,香蕉视频直播 he added, and said he will issue his ruling on the injunction at 10 a.m. on Wednesday, Feb. 17.



Matthew Claxton

About the Author: Matthew Claxton

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



(or

香蕉视频直播

) document.head.appendChild(flippScript); window.flippxp = window.flippxp || {run: []}; window.flippxp.run.push(function() { window.flippxp.registerSlot("#flipp-ux-slot-ssdaw212", "Black Press Media Standard", 1281409, [312035]); }); }