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
Several flight attendants from Pakistan have gone missing after landing in Canada
Multiple flight attendants from Pakistan International Airlines have abandoned their jobs and are believed to have sought asylum in Canada in the past year and a half, a spokesperson for the government-owned airline says.
BREAKING Ottawa public school board, 3 Toronto-area school boards launch lawsuit against social media giants
The Ottawa-Carleton District School Board and three school boards in the Toronto-area have launched legal action against social media giants, accusing them of "disrupting students' fundamental right to education."
Doctors visiting a Gaza hospital are stunned by the war's toll on Palestinian children
An international team of doctors visiting a hospital in central Gaza was prepared for the worst. But the gruesome impact Israel’s war against Hamas is having on Palestinian children still left them stunned.
Crypt near Marilyn Monroe and Hugh Hefner could fetch US$400,000 at auction
A one-space mausoleum crypt in the vicinity of Marilyn Monroe and Hugh Hefner will go on auction Saturday, when it is expected to reach between US$200,000 and $400,000.
Tipping is off the table at this Toronto restaurant
A Toronto restaurant introduced a surprising new rule that reduced the cost of a meal and raised the salaries of staff.
A fight to protect the dignity of Michelangelo's David raises questions about freedom of expression
Michelangelo's David has been a towering figure in Italian culture since its completion in 1504. But in the current era of the quick buck, curators worry the marble statue's religious and political significance is being diminished.
A Nigerian woman reviewed some tomato puree online. Now she faces jail
A Nigerian woman who wrote an online review of a can of tomato puree is facing imprisonment after its manufacturer accused her of making a “malicious allegation” that damaged its business.
Premiers not being truthful about carbon tax, Trudeau says while sparks fly in Ottawa
Prime Minister Justin Trudeau says Conservative premiers across the country are 'not telling the truth' when it comes to the carbon tax. Trudeau's comments came as fresh sparks were flying in Ottawa at a recalled House of Commons committee.
Far North police 'dispatch' polar bear stalking schoolyard
Police and local hunters in an Ontario Far North First Nation community have “dispatched” a polar that was showing abnormal behaviour and treating the area as a hunting ground.