No injunctions towards church buildings in Fraser Valley holding companies in violation of well being rules – Kelowna Capital Information

There will be no restraining order preventing three Fraser Valley churches from continuing to hold services in violation of the province’s ongoing health mandates.

Judge Christopher Hinkson, the chief justice of the British Columbia Supreme Court, denied the provincial injunction on Wednesday morning.

“To be clear, I will not tolerate the petitioners [churches] Conduct that violates the orders they are contesting but finds that the injunction sought by respondents should not be granted, ”Hinkson wrote in his ruling.

Much of his decision was made on the grounds that the province didn’t need the courts to intervene with an injunction – there are already other powers the government can use to enforce health orders.

He noted that RCMP officials in Chilliwack had told Church members they could “expect up to six months in prison and massive fines of more than $ 50,000”.

He also noted that in a number of recent cases, including a court injunction against Vancouver Port Authority protesters, British Columbia police and prosecutors have declined to enforce the injunction post-enacted.

“I have to wonder what an injunction could do in this case,” Hinkson wrote.

The judicial battle was started by the churches represented by the Judicial Center for Constitutional Freedoms. They petitioned the British Columbia courts to continue to meet for religious services.

The three churches are Langleys Riverside Calvary Chapel, the Immanuel Covenant Reformed Church in Abbotsford, and the Free Reformed Church of Chilliwack.

In the further course of the legal dispute, the provincial government applied for an injunction to stop the church visit at least until the court proceedings were settled.

A restraining order could have enabled the police to possibly arrest or physically exclude people from visiting the three churches.

Attorney Gareth Morley, who heads the BC Attorney General and Dr. Bonnie Henry represented, argued last week the restraining order was necessary to end gatherings after all three churches objected to orders that churches closed for personal indoor services in November.

Churches have received fines of up to $ 2,300 per incident, despite local police and bylaws officials not showing up every Sunday.

Paul Jaffe, the lawyer representing the churches, argued that there was no scientific evidence that the churches were at risk for the spread of the coronavirus. He also suggested that the ban on religious gatherings was “vengeful”.

“My clients can be arrested because an officer thinks they will be praying. It’s amazing, ”he said.

Morley countered that the health orders were based on the type of gathering, not whether the gathering was religious or not.

Read more: Lawyers dispute injunctions against Fraser Valley churches opposing health contracts

Hinkson is expected to hear the key arguments between the two sides in a lawsuit scheduled to begin March 1st.

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