Pastor arrested and jailed for worship during lockdowns
Pastor Timothy Stephens has led Fairview Baptist Church in Calgary since 2014. A former software developer with a Master’s in Divinity, Pastor Stephens became a symbol for religious freedom when Alberta imposed severe restrictions on worship gatherings during the Covid lockdowns. These included mandatory masks, limits of 15 attendees, and enforced social distancing—measures his church believed violated biblical commands to gather and worship corporately.
In May 2021, Pastor Stephens was arrested for allegedly violating a sweeping injunction order issued by Associate Chief Justice John Rooke. Though the order initially applied to named parties including the Whistle Stop Café and others acting “independently to like effect” it was amended days later to exclude such individuals. Nonetheless, Pastor Stephens was later arrested at his church on May 16, despite never having been served with the order and despite it not applying to him, either before or after the amendment.
Jailed twice and denied basic freedoms
The arrest on May 16, 2021, resulted in Pastor Stephens being subject to a degrading strip search and imprisoned in a Provincial Corrections Facility for two nights. Less than a month later, he was arrested again—this time at his home in front of his family—following a peaceful outdoor service held by his congregation. He spent 17 more days in a corrections facility, refusing to agree to release conditions that would have required compliance with public health orders he believed violated his Charter rights and his religious duties.
He was only released on July 1, 2021, when Alberta lifted its restrictions.
Criminal charges dropped, and acquittal secured
Supported by lawyers provided by the Justice Centre, Pastor Stephens saw the criminal charge against him dropped in 2022. In a separate trial, he was acquitted on two public health charges in November 2022 by Judge Fradsham. The Court found him not guilty, acknowledging that the public health orders at the time had not been properly authorized under Alberta law. By August 2023, all remaining charges against Fairview Baptist Church were withdrawn by the Crown, following the Alberta Court’s Ingram decision, which found the Public Health Orders to be unlawful.
Pastor files lawsuit to hold officials accountable
After his release, Pastor Stephens launched a civil lawsuit against Alberta Health Services and Calgary Police Chief Mark Neufeld. The Statement of Claim seeks a declaration that Pastor Stephens’ rights to liberty and security of the person were violated, that his detention was arbitrary, and that he is entitled to damages and costs. The case argues that the actions of AHS and police were reckless and unlawful, citing arrests made under an order that never applied to him, and that had not even been served.
Questioning begins in August 2025 in lawsuit against AHS and Calgary Police
The case of Stephens v. AHS and Neufeld is now advancing.
A key stage of the civil litigation—questioning (like cross-examinations)—will begin on August 26, 2025 in Calgary and are expected to continue until October. This stage will reveal how the arrest and detention decisions were made and will likely provide evidence and admissions useful to holding authorities accountable for the violations of Pastor Stephens’ Charter rights.
“If a person can be arrested, thrown in jail, strip searched, and held indefinitely, without due process, constitutional and legal rights don’t help you when you need them,” said constitutional lawyer Glenn Blackett.
“The Calgary Police and its ‘enforcement partner’ Alberta Health Services must be held accountable,” he added.
The next expected update on this matter will be in November, 2025.
