Justice Centre to defend Ontario churches and pastors charged for defying lockdown orders

The JCCF will contest the charges on the basis the ROA violates the Canadian Charter of Rights and Freedoms by prohibiting people in Ontario to peacefully assemble for worship, as is their right.

Several members of the Old Colony Mennonite Church and Word of Life Mennonite community, with locations in Leamington, Ont., and Wheatley, Ont., were charged by police in December. In one case, issued a short warning to wrap up the service, then entered the church building and demanded the service come to an abrupt end.

René McIntyre, the pastor at the Trumpet of Truth Church in Woodstock, Ont., was served a summons after a church service on Dec. 27. The service was interrupted by police who had been watching through a door as parishioners worshipped, videotaping their prayer.

Aaron Rock, the pastor at Harvest Bible Church in Windsor, Ont., was advised by police that charges would be forthcoming following a service on Dec. 20. This was while the city was in the "grey zone" and indoor gatherings were limited to 10 people. Rock said in an open letter that Windsor Mayor Drew Dilkens and Windsor Police Chief Pam Mizuno were invited to attend an upcoming service where the persecution and murder of Christians worldwide would be remembered.

Trinity Bible Chapel Pastor Jacob Reaume in Waterloo, Ont., said in an open letter on Dec. 3 that the church would remain open during any future lockdowns. All six of the elders at the Trinity Bible Chapel were charged for holding church services on Dec. 27.

The Church of God in Aylmer, Ont. held a legal, drive-in worship service that was targeted by protestors who called themselves Canadians Against Freedom Rallies and Misinformation. The JCCF will be representing Henry Hildebrandt, the pastor at the Church of God, and Herbert, his son, in defending charges laid against them for attending anti-lockdown protests in November.

Lisa Bildy, a constitutional lawyer at the JCCF, said it is unfair that churches in Ontario are being shut down by police.

"Churches are being targeted by both police and vigilante members of the public, who look for church parking lots with vehicles and call in complaints to the police," said Bildy. "It's easy to see how the Stasi in East Germany were able to operate so effectively—it appears it doesn't take much to turn neighbours into informants, and police into petty tyrants."

The JCCF has produced numerous reports about how harmful lockdown measures have been on Canadians, including the ongoing infringement of civil liberties.

Bildy said people might scoff at those defending civil liberties during government-declared emergencies, but it is necessary to fight back. Her concerns are not just for the religiously observant but for all Canadians.

"In fact, it is only through the vigilance and courage of people like these church leaders that we have any hope of remaining a free society," she said. "History is replete with examples of authoritarianism being ushered in by a fearful public, and fanning the flames of that fear is a common tactic of such regimes."

The Ontario government first imposed restrictions on gatherings when it declared a state of emergency due to the COVID-19 contagion in March, 2020. The state of emergency ended in July, but the Ontario government transferred its emergency powers into the ROA.

The orders restricting gatherings to 10 people are made under the ROA, which gives the Ontario cabinet power to amend these orders for up to one year, without any debate by the elected legislature.

Per the JCCF, however, the ROA, like all laws in Canada, must comply with the Charter, which guarantees Canadians that the government will not infringe fundamental freedoms such as their freedoms of peaceful assembly and religion. The onus is on government, not citizens, to show that the violation of Charter freedoms is "demonstrably justified." Reasonable restrictions may be imposed when there is a substantial concern, such as a declared public health emergency, but governments are required to violate Charter rights and freedoms as little as possible, to the extent necessary to protect public health.

Sayeh Hassan, a constitutional lawyer at the JCCF, said that for many religious communities, coming together to worship is a fundamental aspect of their faith.

"As time goes on, the impacts to their communities and membership become too great to ignore, and many religious leaders are bound by their consciences and conviction to ensure that worship can continue as safely as possible for their parishioners," said Hassan. "This government has asked too great a price of its citizens, to give up their fundamental freedoms indefinitely, while it continues to mismanage the healthcare and long-term care systems, both of which are supposed to serve the interests of the citizens of this province, not hold them hostage."

The JCCF will be attending multiple first appearances over the next several months, on behalf of these churches and their leaders.