2 Calgary Pastors, Rodeo Company Owner to Be Acquitted After Court Strikes Down COVID Orders

The Fairview Baptist Church is seen in Calgary, Alta., May 17, 2021. Fairview Baptist Church Pastor Tim Stephens was arrested Sunday for organizing a church service that police say did not comply with public health orders on masking, physical distancing and attendance limits. The Canadian Press/Jeff McIntosh

EDMONTON—Crown prosecutors will be asking the court to acquit two Calgary Baptist churches and Ty Northcott of Alberta’s Northcott Rodeo of all charges laid under the Public Health Act during COVID, The Epoch Times has learned.

The cases of Pastor Tim Stephens of Fairview Baptist Church and Pastor Craig Buroker of Southside Victory Church have been dragging through the courts in Alberta for more than two years. Lawyer Leighton Grey and other lawyers from his firm, Grey Wowk Spencer LLP, represent each of the parties in cases related to lockdown gathering restriction violations.

On Aug. 23, Mr. Grey informed The Epoch Times that all his clients had been acquitted of charges relating to pandemic lockdowns, although the acquittals have yet to be processed through the court by the Crown.

The acquittals follow a separate court decision that ruled public health orders issued by the Alberta government were outside the jurisdiction of the province’s Public Health Act (PHA) and therefore invalid.

A July 31 ruling by Court of King’s Bench Justice Barbara Romaine in the R. v. Ingram case invalidated all public health orders issued by the province’s Chief Medical Officer of Health (CMOH) from March 2020 until September 2021 on the basis they were enacted outside of the powers of the PHA and were issued by cabinet rather than then-CMOH Dr. Deena Hinshaw.

The 90-page court decision followed a legal challenge to COVID public health orders filed by two churches and a business owner in December 2020 alleging that CMOH orders were unlawful and unconstitutional.

Justice Romaine’s decision found the CMOH orders until September 2021 were indeed “ultra vires,” meaning they were acts beyond the powers provided by law. This legal precedent has now had a trickle-down effect on all outstanding court cases and charges laid during the pandemic.

It is not yet clear whether the government will be refunding what could amount to tens of thousands of dollars in ticket fines issued during the pandemic for mask mandate non-compliance, attending outdoor gatherings such as protests, failing to follow government orders on social distancing, and defying business closure orders.

Pastors

Pastor Stephens of Fairview Baptist Church was one of three Alberta pastors arrested and charged during the pandemic period for holding regular Sunday worship services in defiance of gathering restrictions. The father of eight was arrested in front of his crying children and spent a total of 21 days in jail on COVID-19-related charges. Those charges have since been declared invalid following the R. v. Ingram case.

“I’m thankful to God that all charges against me have been withdrawn or have been defeated in court,” Pastor Stephens told The Epoch Times on Aug. 24.

“However, we have learned that the Charter is powerless to protect the citizens of Canada against government overreach. This serves as a reminder that our hope is in the Lord and not the courts. Whether now or later, God will fully vindicate his church and his holiness. Therefore, my hope remains in the Lord who rules over all the kingdoms of men.”

Pastor James Coates of GraceLife Church near Stony Plain, Alberta, and Pastor Artur Pawlowski of Calgary Street Church were also charged and jailed. Pastor Coates spent 35 days in jail and Pastor Pawlowski spent nearly two months in solitary confinement. As a direct result of the same July 31 court ruling, on Aug. 22 the Crown dropped the last outstanding personal ticket against Pastor Coates and a summons issued against Grace Life Church, fully ending their legal battles arising out of the pandemic period.

Pastor Stephens was issued a total of seven tickets in 2021, five of which were COVID-related, one a criminal charge and the other a contempt of court charge. All previous charges were withdrawn. On Nov. 1, 2022, Pastor Stephens was acquitted of the last remaining outstanding charges, but there remained one charge against the church for failing to comply with CMOH orders.

Supporters of Pastor Tim Stephens sing hymns and pray outside the Calgary Courts Centre in Calgary, Alberta, on May 17, 2021. Jeff McIntosh/The Canadian Press

Pastor Stephens said his time in jail stole from him.

“My life is devoted to serving people and being a father and husband. I was removed from all of that. I had no ability to comfort my kids, hug my wife and tell her it was going to be OK,” he said. “It was all taken from me.”

“When I got out of jail, I was crying on the way home, and my kids had never seen me like that,” he added. The pastors have not indicated whether they will seek restitution and damages from the province.

Northcott Rodeo

Ty Northcott and his family have been prominent fixtures of the Alberta rodeo stock industry. Rodeos, which are held outdoors, were banned during pandemic lockdowns in the province under then-premier Jason Kenney.

On the weekend of May 1, 2021, Mr. Northcott and his family held a freedom-inspired “No More Lockdowns Rodeo Rally” rodeo event on their property in Bowden, Alberta, as an act of protest. Thousands attended and listened to various speakers criticizing the COVID-19 lockdowns and government mandates.

The Northcotts were charged with violating public health orders. Gail Northcott had all charges dropped against her in October 2022, but there were still outstanding charges against Mr. Northcott and Northcott Rodeo Inc. Mr. Northcott and his company went to trial on July 24 in Red Deer and were found guilty by Justice Tim Hunter of violating the PHA by holding the rodeo protest. Sentencing was originally scheduled for Aug. 31.

The July 31 R. v. Ingram precedent that ruled the pandemic public health orders invalid means the Crown has now entered an acquittal to the court for Mr. Northcott.