Court dismisses case against N.B. pastor for holding services during COVID lockdown
A New Brunswick judge has dismissed a contempt of court case against a pastor accused of ignoring COVID-19 public health rules in 2021.
Chief Justice Tracey DeWare of the Court of King's Bench says in a Feb. 2 decision she was unable to conclude that a tent erected by Philip James Hutchings, pastor of His Tabernacle Family Church in Saint John, was "clearly and unequivocally" an enclosed space as defined by a provincial health order.
Defence lawyer Jonathan Martin says his clients are happy with the decision.
"This is a win for due process and also a win for government accountability against the drafting of vague regulations that provide limitless prosecutorial discretion," he said in an email.
In October 2021, authorities ticketed Hutchings and his associates for being in violation of the province's COVID-19 health order for holding weekly services inside their church. A month later, they tried to get around the rules by erecting a commercial tent with sidewalls, which were left open when the weather was warm but pulled down as it got colder, the decision says.
"Clearly a commercial tent with four sidewalls up cannot be considered an 'enclosed space' or 'public indoor space' on any interpretation given to the definition. Arguably, the commercial tent with four sidewalls down could fall with the parameters of an 'enclosed space,"' it says.
"However, as I write this decision, it is unclear to me when that occurs, and counsel for the applicant were unable to provide a clear answer to the question."
It is difficult for the court to conclude beyond a reasonable doubt that in moving the services from the church to a tent, Hutchings and his church associates knew he was breaching the mandatory order, she said.
"I am unable to conclude that the commercial tent was 'clearly and unequivocally' an 'enclosed space' as described in the mandatory order, and as such, the respondents cannot be held in contempt."
The province's Health Department was not immediately available for comment.
This report by The Canadian Press was first published Feb. 7, 2023.
CTVNews.ca Top Stories
Stormy Daniels describes meeting Trump during occasionally graphic testimony in hush money trial
Stormy Daniels took the witness stand Tuesday at Donald Trump's hush money trial, describing for jurors a sexual encounter the porn actor says she had with him in 2006 that resulted in her being paid off to keep silent during the presidential race 10 years later.
Former homicide detective explains how police will investigate shooting outside Drake's Bridle Path mansion
Footage from dozens of security cameras in the area of Drake’s Bridle Path mansion could be the key to identifying the suspect responsible for shooting and seriously injuring a security guard outside the rapper’s sprawling home early Tuesday morning, a former Toronto homicide detective says.
Jeremy Skibicki has 'uphill battle' to prove he's not criminally responsible in Winnipeg killings: legal analysts
Accused killer Jeremy Skibicki could have a challenging time convincing a judge that he is not criminally responsible for the deaths of four Indigenous women, a legal analyst says.
Indian envoy warns of 'big red line,' days after charges laid in Nijjar case
India's envoy to Canada insists relations between the two countries are positive overall, despite what he describes as 'a lot of noise.'
Alcohol believed to be a factor in boating incident after 2 men die: N.S. RCMP
Two Nova Scotia men are dead after a boat they were travelling in sank in the Annapolis River in Granville Centre, N.S., on Monday.
Bye-bye bag fee: Calgary repeals single-use bylaw
A Calgary bylaw requiring businesses to charge a minimum bag fee and only provide single-use items when requested has officially been tossed.
Susan Buckner, who played spirited cheerleader Patty Simcox in 'Grease,' dead at 72
Susan Buckner, best known for playing peppy Rydell High School cheerleader Patty Simcox in the 1978 classic movie musical 'Grease,' has died. She was 72.
CFL suspends Argos QB Chad Kelly at least nine games following investigation
The CFL suspended Toronto Argonauts quarterback Chad Kelly for at least nine regular-season games Tuesday following its investigation into a lawsuit filed by a former strength-and-conditioning coach against both the player and club.
Air France flight from Paris to Seattle lands in Iqaluit after heat smell in cabin
A plane travelling from Paris to Seattle was forced to make an emergency landing in Iqaluit after there was a heat smell in the cabin during the flight.