The Justice Centre for Constitutional Freedoms announced this week that it will defend numerous Ontario pastors and church elders, including representatives from the Old Colony Mennonite Church in Wheatley, who were recently charged for holding church services in contravention of the Reopening Ontario Act.
Justice Centre officials say they will contest the charges on the basis that the Act violates the Charter rights of Ontario citizens to peacefully assemble for worship, among other grounds for challenge.
“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,” stated Lisa Bildy, Justice Centre staff lawyer, in a media release.
“With charges attracting fines of between $10,000 to $100,000, along with the threat of jail time, this is a clear escalation of enforcement, targeted at otherwise law-abiding citizens who believe strongly that attending church is essential to their well-being.”
Justice Centre officials say several members of the Old Colony Mennonite Church and Word of Life Mennonite community, with locations in Leamington and Wheatley, have been charged by police over the last week.
In at least one case, after giving a short warning to wrap up, police entered the church building and demanded that the service end immediately, Justice Centre officials say.
Many Mennonite communities are not active online and do not use much technology, Justice Centre officials say, adding that in-person church services are fundamental to their community and way of life.
Charges laid in Chatham-Kent
Chatham-Kent Police Service officials allege that on December 26, 2020, shortly after 11 a.m. police responded to the report of a large gathering at the Old Colony Mennonite Church in Wheatley.
“Upon police arrival, officers observed over 100 unmasked people inside the church,” police officials said in a media release.
“The current regulations for religious services only allows for 10 people indoors. The Municipal By-law also states that masks are required during worship.”
Police officials say a member of the church, a 50-year-old Merlin man, took responsibility for the gathering and was charged with failing to comply with a continued section 7.0.2 order, contrary to section 10(1)(a) of the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020.
He will be required to attend court on January 27, 2021, police say.
“Everyone complied with the officers’ requests to end the church service early and leave the property,” police officials added.
The following day on December 27, 2020, shortly after 11 a.m., police allege that once again responded to a report of a large gathering at the Wheatley church.
Police say upon police arrival, officers observed over 100 unmasked people inside the church.
A member of the church, a 43-year-old Merlin man, took responsibility for the gathering and was charged.
He will be required to attend court on a later date.
“The Chatham-Kent Police would like to remind everyone that restrictions have been implemented by the provincial government to halt the spread of COVID-19,” police officials say.
“As a community, it’s imperative that everyone does their part to keep the citizens of Chatham-Kent safe and healthy.”
Justice Centre set to appear in court
Sayeh Hassan, staff lawyer with the Justice Centre, says despite being at this for nearly 10 months, the government “has failed to adequately protect long-term care homes” where elderly residents are dying, and instead has imposed “draconian, abusive restrictions” on the rest of the population.
“90% of whom will suffer no impact from COVID-19 itself, but who are increasingly suffering severe harms from lockdown measures,” Hassan stated.
“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. 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.”
Justice Centre officials say their lawyers will attend multiple first court appearances over the next several months, on behalf of the churches and their leaders.
According to their website, Justice Centre is a Canadian legal organization and federally registered charity that defends citizens’ fundamental freedoms under the Canadian Charter of Rights and Freedoms, through pro bono legal representation and through educating Canadians about the free society.
More details about the group can be found, here.
