An appeal has been filed in a British Columbia Supreme Court decision that upheld public health orders banning indoor religious services in response to the outbreak of COVID-19 in the province. THE CANADIAN PRESS/Darryl Dyck

An appeal has been filed in a British Columbia Supreme Court decision that upheld public health orders banning indoor religious services in response to the outbreak of COVID-19 in the province. THE CANADIAN PRESS/Darryl Dyck

B.C. churches to appeal court decision that upheld COVID-19 restrictions

The Justice Centre for Constitutional Freedoms announced Thursday it is asking for a higher court to review the decision

An appeal has been filed in a British Columbia Supreme Court decision that upheld public health orders banning indoor religious services in response to the outbreak of COVID-19 in the province.

A statement from the Justice Centre for Constitutional Freedoms, which represents a group including three Fraser Valley churches, announced Thursday that it was asking for a higher court to review the decision.

Paul Jaffe, a lawyer with the advocacy group, argued during hearings last month that the orders by provincial health officer Dr. Bonnie Henry unjustifiably infringed on his clients’ right to freedom of religion.

Chief Justice Christopher Hinkson found the orders were justified and the question before the court wasn’t whether Henry struck the right balance on the infringement, but whether she acted reasonably given the information available to her.

No one from the Attorney General’s Ministry was immediately available for comment on the notice of appeal.

Justice Centre lawyer Marty Moore says in a statement the judge decided to “set aside the constitutional scrutiny” that applies to such laws “in favour of extreme judicial deference to an unelected bureaucrat.”

“A declared public health crisis does not permit courts to neglect their constitutional obligation to ensure that government actions respect the charter rights of citizens,” he says.

The notice of appeal dated March 31 seeks an order quashing Hinkson’s judgment and granting the original relief sought by the petitioners, along with costs.

Henry made changes to her rules for houses of worship last week that would have allowed for services of up to 50 people in indoor settings, but reversed that decision this week as COVID-19 cases reached a new peak.

Her orders now allow outdoor services under certain rules and restrictions.

Jaffe has said the petitioners, which include the Riverside Calvary Chapel in Langley, Immanuel Covenant Reformed Church in Abbotsford and the Free Reformed Church of Chilliwack, had been careful to adopt safety protocols similar to those approved by Henry in places that remained open.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Burning will only occur if weather conditions are suitable and allow smoke to dissipate. (Priyanka Ketkar photo/Lakes District News)
Pile burning of 50 wood debris in Burns Lake community forest

Smoke might be visible for Burns Lake and neighboring areas

Tourism update Meghan Olson. (Priyanka Ketkar photo/Lakes District News)
Village of Burns Lake gets a new tourism coordinator

Meghan Olson, a Burns Lake local, replaces the former coordinator

COVID 19 cases in the province between Mar. 28 to Apr. 3. (BC CDC photo/Lakes District News)
No new COVID-19 cases in Burns Lake

Weekly COVID-19 cases decline in Northwest B.C.

Nee Tahi Buhn band
Nee Tahi Buhn Band chief and council removed

Interim council working towards a by-election

The brew master himself, Nathan Nicholas. The family is currently raising money to donate to The Pines. (Submitted/Lakes District News)
Ursa Minor Brewery in Burns Lake hoping to become a tourist destination

A local family-owned business bringing people from all over

Restaurant patrons enjoy the weather on a patio in Vancouver, B.C., Monday, April 5, 2021. The province has restricted indoor dining at all restaurants in B.C. due to a spike in COVID-19 numbers. THE CANADIAN PRESS/Jonathan Hayward
B.C.’s COVID-19 indoor dining, drinking ban extending into May

Restaurant association says patio rules to be clarified

B.C. Premier John Horgan speaks at the B.C. legislature. (B.C. government)
Tougher COVID-19 restrictions in B.C., including travel, still ‘on the table’: Horgan

John Horgan says travel restrictions will be discussed Wednesday by the provincial cabinet

Protesters occupied a road leading to Fairy Creek Watershed near Port Renfrew. (Submitted photo)
B.C. First Nation says logging activist interference not welcome at Fairy Creek

Vancouver Island’s Pacheedaht concerned about increasing polarization over forestry activities

Flow Academy is not accepting membership applications from anybody who has received a dose of the vaccine, according to a password-protected membership application form. (Submitted image)
B.C. martial arts gym refusing patrons who have been vaccinated, wear masks

Interior Health has already issued a ticket to Flow Academy for non-compliance with public health orders

Guinevere, lovingly referred to by Jackee Sullivan and her family as Gwenny, is in need of a gynecological surgery. The family is raising money to help offset the cost of the procedure. (Jackee Sullivan/Special to Langley Advance Times)
Langley lizard’s owners raise funds for gynecological surgery

The young reptile is scheduled for operation on Tuesday

Facebook screenshot of the sea lion on Holberg Road. (Greg Clarke Facebook video)
VIDEO: Sea lion randomly spotted on remote B.C. logging road

Greg Clarke was driving home on the Holberg Road April 12, when he saw a large sea lion.

Defence counsel for the accused entered two not guilty pleas by phone to Grand Forks Provincial Court Tuesday, Jan. 12. File photo
B.C. seafood company owner fined $25K for eating receipt, obstructing DFO inspection

Richmond company Tenshi Seafood is facing $75,000 in fines as decided March 4 by a provincial court judge

B.C. Finance Minister Selina Robinson speaks in the B.C. legislature, March 2, 2021. (Hansard TV)
B.C. NDP ministers defend ‘air tax,’ latest COVID-19 business aid

Empty home tax doesn’t apply to businesses, but space above them

In Ontario, COVID-19 vaccine clinics have been set up at local mosques. (Submitted photo: Rufaida Mohammed)
Getting the vaccine does not break your fast, says Muslim COVID-19 task force

Muslim community ‘strongly’ encouraging people to get their shot, whether or not during Ramadan

Most Read