B.C. public health rules discriminate against churches, lawyer argues

A lawyer for a group of British Columbia churcheschallenging COVID-19 rules that prohibitin-person religious services argued Monday the orders reflect a "value judgment."

Paul Jaffe says the provincial health officer's orders allowsecular gatherings such as in-class education and food distributionfor people in need to continue, while discriminating against churches and their congregants' right to freedom of religion.

He told the court his clients which include the RiversideCalvary Chapel in Langley, Immanuel Covenant Reformed Church inAbbotsford and the Free Reformed Church of Chilliwack have beencareful to adopt safety protocols similar to those approved by Henryin places that remain open.

Jaffe also argued the province has not provided medicaljustification showing that the virus is spreading through churchservicesorposing a greater risk to the public than other activities that remain allowed, including outdoor assemblies overmatters of public interest or controversy.

Provincial Health Officer Dr. Bonnie Henry told a news conferencelast month that churches were operating with safety measures inplace throughout the summer and fall, but as the pandemic worsened,so did transmission in faith settings.

Henry and the province have said they are confident the healthorders are in accordance with the law, including the Charter ofRights and Freedoms.

Hearings over the churches' petition are set to continue Tuesday.

Jaffe works with the Justice Centre for Constitutional Freedoms,a Calgary-based legal advocacy group that's also asking the court todismiss tickets of up to $2,300 each for the alleged violations ofthe health orders by the churches.

B.C. Supreme Court Chief Justice Christopher Hinkson dismissed aninjunction request in February by Henry and B.C.'s attorney general,whose lawyers argued churchgoers who are breaking COVID-19 ruleswould be more likely to comply with a court order.

Hinkson said he did not condone the churches' conduct and he wassatisfied with the province's argument that the public could sufferfrom transmission of the virus afterpeople attend indoorgatherings.

But he said during a hearing that the province was putting thecourt in an "impossible position'' before the churches' ownpetition is heard this week.