There is at least some justice left, for now

The BC Supreme Court has ruled against an injunction sought to prohibit religious worshipping in B.C.  Judgment issued February 17. 

Between:

Alain Beaudoin, Brent Smith, John Koopman, John Van Muyen, Riverside Calvary Chapel, Immanuel Covenant Reformed Church, and Free Reformed Church of Chilliwack – Petitioners

And

Her Majesty the Queen in Right of the Province of British Columbia and Dr. Bonnie Henry in her Capacity as Provincial Health Officer for the Province of British Columbia – Respondents

Before: The Honourable Chief Justice Hinkson

Our unelected Public Health Officer tried in the court, with the support of the Provincial Government, of course, to get an injunction against certain Christians so that they would be unable to worship in their churches. 

The full hearing of the case is to be head in March, but in the meantime, Dr. Henry wanted to get an injunction to stop any worshipping  in the churches . 

Here is part of what was said before the judge quoting from the judgment: 

‘The petition is scheduled to be heard beginning March 1, 2021. It is at that time that the merits of the parties’ respective positions will be heard. For now, the respondents seek an injunction in the following terms: 

1.  A prohibitory interlocutory injunction that no person may and, in particular, Brent Smith John Koopman, John Van Muyen and the members, directors, elders and clergy of the Riverside Calvary Chapel, Immanuel Covenant Reformed Church and Free Reformed Church of Chilliwack, B.C. must not permit the following premises of the petitioner churches:

a.       8-20178 96 Avenue, Langley, British Columbia;

b.       35063 Page Road, Abbotsford, British Columbia; or

c.       45471 Yale Road West, Chilliwack, British Columbia;

or any other premises to be used for an in-person worship or other religious service, ceremony or celebration, or other “event” as defined in the Jan. 8, 2021 Order of the Provincial Health Officer, Gatherings and Events (“the PHO Order), as amended or as repealed and replaced except:

d.       in accordance with the PHO Order;

e.       as permitted by further order of this Court; or

f.        as permitted by an agreement under s. 38 of the Public Health Act.

2. A prohibitory interlocutory injunction ordering that no person may and, in particular, Brent Smith John Koopman, John Van Muyen and the members, directors, elders and clergy of the Riverside Calvary Chapel, Immanuel Covenant Reformed Church and Free Reformed Church of Chilliwack, B.C. (collectively, “the Religious Petitioners”) must not organize, host or in any way facilitate or participate in an in-person worship or other religious service, ceremony or celebration, wedding, baptism, funeral or other “event” as defined in an Order of the Provincial Health Officer, except:

a.       in accordance with the PHO Order;

b.       as permitted by the further order of this Court; or

c.       as permitted by an agreement under s. 38 of the Public Health Act.

3 A prohibitory interlocutory injunction ordering that Brent Smith, John Koopman, John Van Muyen must not be present at an in-person worship or other religious service, ceremony or celebration, wedding, baptism, funeral or other “event” as defined in an Order of the Provincial Health Officer, except:

a.       in accordance with the PHO Order;

b.       as permitted by the further order of this Court; or

c.       as permitted by an agreement under s. 38 of the Public Health Act.

4. An order authorizing any police officer with the appropriate authority in the jurisdiction in question (“the Police”) to, in their discretion, detain a person who has knowledge of this Order and of whom the Police have reasonable and probable grounds to believe that the person is intending to attend a worship or other religious service, ceremony or celebration prohibited by this Order in order to prevent the person from attending the worship or other religious service, ceremony or celebration.

5. An order that the parties to this proceeding and any other persons affected by this Order may apply to this Court for a variation of the Order and that, unless the court otherwise orders, any application to vary must be brought on notice to the parties in accordance with the Supreme Court Civil Rules. B.C. Reg. 168/2009. 

6. The order is to remain in force until varied or until final determination of the Petition on the merits and expiry of all applicable appeal periods.’

Chief Justice Hinkson Judge said No! 

“You haven’t made your case because the Provincial Prosecution Service in another similar case – the B.C. Prosecution Service declined to initiate criminal prosecutions on the basis that it was not required in the public interest “given the nature of the offences and the passage of time during the COVID pandemic”. 

So the Judge said: "I am left to wonder what would be achieved by the issuance of an injunction in this case. If it were granted and not adhered to, would the administration of justice yet again be brought into disrepute because the B.C. Prosecution Service considers that it would not be in the public interest to prosecute those who refused to adhere to the orders sought from this Court?’

One lives in hope that the March hearing will see the Justices apply the provisions of the Charter of rights and Freedoms of our Constitution of freedom of religion, assembly and association so that we can return to some form of order and freedom in this part of our country.