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
Grandparents killed in wrong-way crash on Hwy. 401 identified
A 60-year-old man and a 55-year-old woman killed in a wrong-way crash on Highway 401 earlier this week have been identified by the Consulate General of India in Toronto.
Police arrest 3 Indian nationals in killing of B.C. Sikh activist Hardeep Singh Nijjar
Three people have been arrested and charged in the killing of B.C. Sikh activist Hardeep Singh Nijjar – as authorities continue investigating potential connections to the Indian government.
Suter scores late goal, clinches series for Canucks
Pius Suter scored with 1:39 left and the Vancouver Canucks advanced to the second round of the NHL playoffs with a 1-0 victory over the Nashville Predators on Friday night in Game 6.
TD worst-case scenario more likely after drug money laundering allegations: analyst
TD Bank Group could be hit with more severe penalties than previously expected, says a banking analyst after a report that the investigation it faces in the U.S. is tied to laundering illicit fentanyl profits.
Quebec man who threatened Trudeau, Legault online sentenced to 20 months in jail
A Quebec man who pleaded guilty to threatening Prime Minister Justin Trudeau and Premier François Legault has been sentenced to 20 months in jail.
Human remains found in rural Sask. possibly a decade old, RCMP say
RCMP say human remains found in a rural area in central Saskatchewan may have been there for a decade or more.
Britney Spears 'home and safe' after paramedics responded to an incident at the Chateau Marmont, source tells CNN
A source close to singer Britney Spears tells CNN that the pop star is 'home and safe' after she had a 'major fight' with her boyfriend on Wednesday night at the Chateau Marmont in West Hollywood.
Canadian doctor concerned new weight-loss drug Wegovy may be used inappropriately
As Wegovy becomes available to Canadians starting Monday, a medical expert is cautioning patients wanting to use the drug to lose weight that no medication is a ''magic bullet,' and the new medication is meant particularly for people who meet certain criteria related to obesity and weight.
Drew Carey is never quitting 'The Price Is Right'
Drew Carey took over as host of 'The Price Is Right' and hopes he’s there for life. 'I'm not going anywhere,' he told 'Entertainment Tonight' of the job he took over from longtime host Bob Barker in 2007.