Ontario Churches Seek to Challenge Supreme Court Decision on Religious Gatherings During Pandemic

A choir sings while socially distanced during a drive-in service at the Church of God in Aylmer, Ont., on April 26, 2020. Geoff Robins/The Canadian Press

Two Ontario churches have filed an application in the Supreme Court of Canada seeking an appeal to a decision upholding COVID-19 restrictions imposed on religious gatherings by the Ontario government, the Justice Centre for Constitutional Freedoms (JCCF) says.

One of the parties challenging gathering restrictions is Pastor Henry Hildebrandt and the Aylmer Church of God.

“When fundamental freedoms—given to us by our Creator and guaranteed in our Constitution—are under attack, we are obligated to stand up and withstand the attack,”  Hildebrandt said in a press release.

“This was never about defying our government, this was always about defending the freedom to worship and assemble without interference in Canada for all citizens. We didn’t pick this fight, our governments unfortunately did.”

Under the Ontario government’s Reopening Ontario Act, which commenced in July 2020, gatherings were restricted to as few as 10 people. The Superior Court of Justice and the Court of Appeal have upheld the gathering restrictions.

According to the JCCF, the Aylmer Church of God held drive-in religious services in their church’s parking lot, during which congregants would remain in their vehicles with the windows up, listening to the service on the radio. No more than five members of the worship team—which was a number in accordance with the gathering limit—would be outside of their vehicles.

However, after complaints were made by people who saw a photo of the church’s parking lot and assumed congregants were inside the building, the Aylmer police chief threatened that any further services would be considered a breach of the law and subject to financial penalties of $750 to $100,000, or a year in jail.

The Church of God was subsequently ordered to pay $274,000 in fines for allegedly violating the province’s gathering limits, including for three outdoor services held in May and June 2021, despite JCCF’s argument that the risk of outdoor transmission of COVID-19 was negligible.

The Trinity Bible Chapel in Waterloo, along with its lead pastor Jacob Reaume and other church members, is also seeking permission to appeal to the Supreme Court of Canada, after claiming it could “not in good conscience” close its doors to parishes. While essential retail was allowed 50 percent capacity with physical distancing, 10-person limits were placed on worship services.

Trinity Bible Chapel received hundreds of thousands of dollars in fines, and under a court order was forcibly locked out of its church building for several months.

The JCCF said the churches have challenged the gathering restrictions for violating the fundamental freedoms of conscience, religion, expression, peaceful assembly, and association, which are guaranteed by the Charter of Rights and Freedoms. The churches argued that the harm created by the gathering restrictions far outweighed any benefit they provided.