Ontario government imposes Covid gathering restrictions
Restrictions on gatherings in Ontario were first imposed in March 2020 by the provincial government under the Emergency Management and Civil Protection Act. In July 2020, when the state of emergency had ended, Ontario transferred its emergency powers into new legislation, called the Reopening Ontario Act. This Act gave the provincial cabinet power to continually amend public health orders for up to one year without any debate in the provincial legislature. Gatherings were restricted to only 10 people.
On June 12, 2020, the government announced it would allow churches to open with 30 percent capacity and social distancing restrictions. On August 21, 2020, the government changed its guidance for houses of worship, limiting activities like singing and hosting after-service gatherings. In September 2020, the government announced it was amending the Act to limit social gatherings to 10 people indoors and 25 people outdoors. These limitations were imposed on October 10, 2020.
Trinity Bible Chapel, with a large 900-seat auditorium, chose not to close its doors to parishioners. The 10-person limits were imposed on worship services, while essential retail was permitted to operate at 50 percent capacity with physical distancing.
Religious leaders face significant fines for challenging gathering restrictions
On December 3, 2020, Pastor Jacob Reaume of Trinity Bible Chapel posted an open letter to his website, stating that the church would remain open during any future lockdowns. He believed that closing the doors of Trinity Bible Chapel was an infringement of his parishioners’ fundamental freedom to practice their religious beliefs together in person. After setting out the biblical and legal basis for his position, Pastor Reaume concluded, “While our desire is to work with the province to care for the health of our community, Trinity Bible Chapel respectfully advises that it must practice civil disobedience in the event of a government lockdown.”
After the province-wide lockdown began on December 26, 2020, police went to the church the following day during a Sunday service. On December 30, all six of the church’s elders and pastors were simultaneously served at their homes with summonses to appear in court in January.
Trinity Bible Chapel received hundreds of thousands of dollars in fines and legal costs and was locked out of its church building by court order for several months.
Meanwhile, Pastor Henry Hildebrandt and the Aylmer Church of God gained the attention of police for holding drive-in services. The church was ordered to pay $274,000 in fines and costs for allegedly violating gathering limits.
Several members of the Old Colony Mennonite Church and Word of Life Mennonite community were charged by police. In at least one case, after giving a short warning to wrap up, police entered the church building and demanded that the service end immediately. Many Mennonite communities are not active online and do not use technology. As such, in-person church services are fundamental to their community and way of life.
In Woodstock, Pastor René McIntyre of the Trumpet of Truth Church was served with a summons after a December 27 service, which was interrupted by police who videotaped parishioners at worship through the door. Pastor McIntyre’s ministry is heavily focused on supporting individuals struggling with homelessness and addiction in her community.
In Windsor, Pastor Aaron Rock of Harvest Bible Church was advised by police that charges would be forthcoming following a service on December 20 while Windsor was in the ‘grey zone’ and limited to gatherings of only 10 people indoors. In an open letter published on December 15, Pastor Rock had invited the Mayor of Windsor and the Chief of Police to attend upcoming services remembering the persecution and even murder of Christians across the globe. He noted that both officials had previously attended Black Lives Matter protests in June 2020, when organized gatherings were limited to five people even outdoors.
Honourable Justice Renee Pomerance rules in favour of the government
On April 20, 2021, Trinity Bible Chapel and various other parties challenged the gathering restrictions with help from the Justice Centre. Their challenge was heard in the Superior Court of Justice by the Honourable Justice Renee Pomerance between January 31 and February 2, 2022. Justice Pomerance dismissed Trinity Bible Chapel’s challenge on February 28, 2022.
In that decision, she wrote, “My role is not that of an armchair epidemiologist. I am neither equipped nor inclined to resolve scientific debates and controversy surrounding Covid-19. The question before me is not whether certain experts are right or wrong. The question is whether it was open to Ontario to act as it did, and whether there was scientific support for the precautionary measures that were taken.”
Justice Centre lawyers filed an appeal on May 11, 2022. That appeal was heard on December 20 and 21, 2022, at Osgoode Hall in Toronto. Lawyers Rob Kittredge and Hatim Kheir argued that Justice Pomerance had erred in her decision by:
- improperly assessing and weighing expert evidence,
- disregarding consideration of the freedoms of expression, peaceful assembly and association, and
- misapplying the Oakes Test in finding that the gathering restrictions were justified.
Mr. Kittredge stated, “The restrictions on outdoor gatherings were particularly unjustified, as it was well known even at the time that Covid – like other infectious respiratory diseases – does not spread outdoors. In light of the severity of the impact that Covid-era restrictions had on civil liberties, Canadians are entitled to have this matter heard by this country’s highest court.”
“When fundamental freedoms – given to us by our Creator and guaranteed in our Constitution – are under attack, we are obligated to stand up and withstand the attack,” stated Pastor Henry Hildebrandt. “This was never about defying our government; this was always about defending the freedom to worship and assemble without interference in Canada for all citizens. We didn’t pick this fight, our governments unfortunately did. We are grateful to the Justice Centre for supporting us in our bid to take this to our highest court. We pray that this application will be successful and will serve as a future defense of Canadian citizens against unconstitutional restrictions on basic, God-given freedoms.”
In a decision issued on March 1, 2023, the Court of Appeal upheld the dismissal of the challenge.
Supreme Court declines to hear constitutional challenge to Ontario gathering restrictions
On May 11, 2023, the Aylmer Church of God and Trinity Bible Chapel, along with various pastors and elders, filed an application in the Supreme Court of Canada, seeking leave to appeal the decision upholding the restrictions imposed on religious gatherings by the Ontario government during the Covid pandemic.
Unfortunately, on August 10, 2023, the Supreme Court decline to hear their appeal.
“We are disappointed to learn that the Supreme Court determined that this was not a matter of national importance” stated lawyer, Hatim Kheir. “This is now the final word from the courts on the constitutionality of Ontario’s religious gathering restrictions.”
