A constitutional challenge of the province’s COVID-19 religious gathering restrictions made by two southwestern Ontario churches has been dismissed.
The Church of God in Aylmer and the Trinity Bible Chapel in Waterloo, which were both charged in the spring of 2021 for violating public health measures put in place to help curb the spread of the virus, had argued the restrictions infringed on their constitutional right to freedom of religion and assembly.
In a written decision released this week, Ontario Superior Court Justice Renee Pomerance agreed the restrictions imposed by the province did interfere with religious freedom, but that they were “reasonable and demonstrably justified.”
“Ontario did not disregard the impact of measures on religious freedom; nor did it opt for the simplest and most draconian line of pandemic defence – blanket shutdowns for extended periods,” wrote Pomerance. “The measures imposed by Ontario were carefully calibrated and recalibrated on a regular basis to reflect the effects of variants of concern, vaccination rates, and the demand on hospitals and ICUs. These measures were rationally connected to a pressing and substantial objective and were proportionate in their effect.”
She noted that there was never a complete ban on religious activities and that it was always open to churches to deliver services to congregants through alternate methods including virtual, drive-in, and outdoor gatherings.
“Many sacrifices were required of many individuals and institutions in the interests of public health. Religious institutions were affected, but no more than was reasonably necessary and for no longer than was reasonably required,” Pomerance wrote.
She went on to explain there may have been congregants who “took comfort” from capacity restrictions at churches.
“There may be individuals who would not have attended services absent these protections. For those individuals, the gathering limits enhanced their ability to participate in religious activities,” Pomerance wrote. “Ontario did not set out to target religious groups; it set out to protect those groups, just as it set out to protect others who found themselves in different settings and circumstances.”
Pomerance did chastise the churches for flouting the restrictions by holding large-scale, in-person services during lockdowns in December 2020 and January 2021. She stated that they showed a “lack of respect for state authority.” She then pointed out that Ontario showed respect for religious institutions by tailoring restrictions and easing them as soon as possible to do so.
“Full accommodation of religious freedom would not have resulted in ‘legitimate inconvenience’ for government. It would have represented a wholesale abdication of government responsibility to act in the public interest. It would have meant turning a blind eye to threat of severe health consequences for a large swath of the population,” wrote Pomerance.
The motions to set aside the impugned judicial orders against the churches were dismissed.
Pomerance oversaw the hearing which was held virtually in a St. Thomas court over three days starting January 31.
To read her full decision click here.
