The Supreme Court of British Columbia
Summary:
Pastors were ticketed for disobeying public health orders after they organized a public gathering for in-person worship services. The pastors challenged the public health orders against in-person worship services. The chambers judge struck down the health orders to the extent they infringed the right to organize and participate in outdoor protests, but upheld the orders as they applied to worship services. That decision was appealed. ARPA intervened at both levels, arguing that governments must respect religious associations’ freedom to meet at least as well as secular and commercial associations or organizations. The lower court affirmed ARPA’s submission regarding the “sphere of spiritual authority” that churches have and which civil government must respect, although it upheld the public health order. The Court of Appeal also concluded that the ban on in-person gatherings for religious worship fell was reasonable in the circumstances. Both levels of court found that any difference in the way that religious gatherings versus other gatherings were treated was justified by the different nature and circumstances of religious gatherings, which made them potentially more likely to spread a virus.
ARPA Canada’s submissions to the Supreme Court of British Columbia.
ARPA Canada’s submissions to the British Columbia Court of Appeal.
Articles:
Recap of the Beaudoin v. B.C. Court Hearings on B.C.’s Prohibition of Corporate Worship
