Saint John pastor released from jail after once again agreeing to follow COVID protocols

A Saint John pastor has been released from jail after admitting to contempt of court and agreeing to abide by a number of conditions imposed by the court.

Philip Hutchings, of His Tabernacle Family Church, spent seven days in custody after being remanded to jail on Oct. 15 for failing to abide by a court order to follow the province's COVID-19 protocols.

In a brief to the court on Friday, defence lawyer Neil Clements said his client admits to the contempt of court charge, apologizes for it, and promises to comply with the province's mandatory order.

Justice Hugh McLellan seemed reluctant to release Hutchings, saying the pastor had made similar promises to the court on Oct. 8, and within days was videotaped flouting the rules and bragging about it on social media.

McLellan asked Hutchings if he remembered being in court two weeks ago and agreeing to follow the province's mandatory order, noting those words were "pretty simple."

Hutchings acknowledged they were.

Yet, McLellan noted, Hutchings was videotaped two days later in his church without a mask, and his "so-called security" refused to let Public Safety officials inside to ensure compliance.

"Do you see how that affects your credibility?" McLellan asked.

Later that Thanksgiving Sunday, Hutchings took to social media, saying he had a "packed" service somewhere else and didn't tell Public Safety.

"In effect mocking them," McLellan said.

Hutchings said they had the evening service on a greenspace near the Renforth Wharf.

"How do you have a packed service on a lawn?" McLellan asked.

Hutchings said that was "a miscommunication."

He acknowledged he made mistakes and asked for another chance. Using a baseball analogy, he suggested that he wasn't out of strikes yet.

"Quite frankly, he's had a bunch of strikes a lot more than three in this matter," McLellantold the court before leading Hutchings through a number of missteps along the way.

Those included when his supporters were purported to have hassled the deputy minister of justice.

"Have you considered, sir, that you might be misleading and misdirecting some people?" asked the judge in an unrelenting sequence of challenges, questions and admonishments.

"As I see it, there are a number of problems here, including the negative message that this man has been sending to the public about the COVID rules."

McLellan said he was bothered that Hutchings "can use and abuse social media, saying all sorts of nonsense" and often twisting the truth.

He said Hutchings pretended the laws weren't valid, effectively thumbing his nose at the system and then said, "Oops, I'm sorry. Don't I have three strikes?"

In the end, McLellan agreed to release Hutchings once he signed an undertaking to the court that very clearly states that he will "make all reasonable efforts" to comply with the province's COVID-19 protocols.

Hutchings' undertaking to the court will remain in effect until the province's original application,under Section 55 of the Public Health Act, to shut down the church is heard and a decision rendered, "or upon further order of the court."

Hutchings also promised to allow peace officers access to all services to ensure compliance, and must notify the Department of Justice and Public Safety, at least 24 hours in advance, if the services are held at any venue other than 348 Rockland Rd.

Clements told the court the church no longer has access to that facility.

Hutchings also agreed "to refrain from encouraging harassment of public or government officials."

The proceedings were adjourned until Oct. 29 at 2 p.m., when Hutchings' wife, Jamie, and two other church officials, Cody and Dana Butler, are ordered back to court to deal with the church's part of the contempt of court case.

Hutchings declined comment after leaving the courthouse.

Social media posts tip off province

According to an 80-page court file, the church first came to the province's attention in September, when Hutchings posted on social media that his church would not require masks or proof of vaccination and would not impose physical distancing or limit the number of people who attend.

On Sept. 24, the province's updated emergency order said churches must choose between requiring proof of vaccination or holding services at 50 per cent capacity with distancing, contact tracing lists and no singing. Masks are mandatory with either option.

The emergency order also gives peace officers the authority to enter any building without permission to ensure compliance with the rules.

On Oct. 1, an official with the province contacted Hutchings and explained the rules. He agreed to comply, according to the court file.

Two days later, another official attended Sunday service at the church. According to her affidavit, she was the only person wearing a mask. She said no one asked for proof of immunization, there was no physical distancing, and there was congregational singing.

The officer left after about 10 minutes, saying she was uncomfortable "due to the COVID risks at this service."

Hutchings was then fined for non-compliance on Oct. 6.

On Oct. 8, the province went to court to get an "interlocutory order" to shut down the church for continued non-compliance, but Hutchings signed a consent order, agreeing to "make all reasonable efforts to ensure compliance" with the rules governing faith-based gatherings.

Two days after the agreement was signed, Public Safety visited the church and videotaped people coming and going, including the footage that was played in court on Friday.