Judge dismisses COVID-19 constitutional challenge brought forward by two Ont. Churches

Constitutional challenge by church dismissed From CTV Kitchener’s Nicole Lampa: A judge has dismissed a constitutional challenge by Trinity Bible Chapel.

An Ontario judge has dismissed a constitutional challenge against the province’s COVID-19 restrictions brought forward by Waterloo's Trinity Bible Chapel and Alymer's Church of God.

"Ontario did not set out to target religious groups; it set out to protect those groups," said Justice Renee Pomerance in her 30-page decision issued earlier this week. "Religious institutions were affected, but no more than was reasonably necessary and for no longer than was reasonably required."

At the start of 2021, Trinity Bible's elders and the church were fined several times for hosting indoor sermons and defying pandemic restrictions.

Then last March, they filed a constitutional challenge that said the measures violated the right to freedom of religion and assembly under the constitution.

The legal firm Justice Centre for Constitutional Freedoms represented both churches earlier this year during the three-day virtual hearing.

Ari Goldkind is a legal expert who has watched this case closely.

During an interview with CTV News, Goldkind said the judge's decision is fair.

"She does not insult them. She does not make fun of them. She says their arguments have merit," said Goldkind.

He added the judge did not rely on hindsight, but rather how authorities were handling the uncertainty of a global health crisis at the time.

"At the time it was reasonable. Maybe not today, maybe not tomorrow. But at that time, reasonable," said Goldkind.

Trinity Bible's pastor declined multiple interview requests from CTV News.

But in his blog titled in part “We lost (for now…),” Jacob Reaume wrote "ruling that our religious freedoms were violated, the court maintains that there was a greater good which superseded our worship of God."

Lawyers from the Justice Centre for Constitutional Freedoms declined to speak to CTV News.

However, Lisa Bildy, a lawyer who assisted with this case and was the lead lawyer in Trinity Bible's previous court matters, issued an email statement.

"We are, of course, disappointed with the decision in this case," wrote Bildy. "For nearly two years now, considerable deference has been given to governments across the country by the courts, allowing them to impose restrictions on the charter-guaranteed rights and freedoms of Canadians seemingly without limit. We will be reviewing the decision closely in the next days, with a view to filing an appeal. "

Reaume addressed the appeal in his blog.

"We will win our appeal, but whether that appeal is won in an earthly court or the heavenly court is to be determined."

Reaume also said in his blog that Trinity Bible Chapel and church elders have been convicted twice of contempt of court, which carry penalties combining to $220,000.