Court dismisses case against N.B. pastor for holding services during COVID lockdown
Court dismisses case against N.B. pastor for holding services during COVID lockdown
FREDERICTON -
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.
Amid renewed questions over the pervasiveness of alleged interference by China in Canadian elections and affairs broadly, opposition MPs voted Thursday afternoon to affirm a parliamentary committee's call for the federal government to strike a public inquiry.
An asteroid discovered just last week will pass closer to the Earth than the orbit of the moon this weekend, an occurrence so rare it happens only once in a decade, according to NASA.
The number of Canadians receiving employment insurance benefits are at record lows and down 44 per cent from last year, new figures from Statistics Canada show.
Two Kanien'keha:ka (Mohawk) sisters from Montreal are on a mission that is close to their hearts: to save their ancestors' first language by developing video games young and old can play.
Zellers has opened the first of 25 new locations within Hudson's Bay stores across the country. The Canadian retail chain launched 12 stores in Ontario and Alberta Thursday, along with a new e-commerce website.
Embattled South Carolina Comptroller General Richard Eckstrom will resign next month after a US$3.5 billion accounting error in the year-end financial report he oversaw.
Friends of Camille Maheux are trying to assemble some of her life's work. The 76-year-old photographer was killed in the Old Montreal fire and her photographs and negatives were destroyed.
The Royal Canadian Mounted Police (RCMP) arrested an 18-year-old man from the Saint-Laurent borough of Montreal on Thursday morning in connection with allegations of terrorism.
Canada and the United States are negotiating a deal that could designate all 8,900 kilometres of their shared border as an official crossing under the Safe Third Country Agreement.
The Alberta legislature wrapped up its spring sitting Thursday with politicians on both sides of the aisle test-driving insults and expected attack lines ahead of the scheduled May 29 provincial election.
The co-owners of a new liquidation store in North Bay, Samuel Quesnel and Chloé Boivenue, say they want to bring a treasure hunt shopping experience to the city.
The new provincial budget features items specific to southwestern Ontario, including a new English public elementary school in London, Ont. that will serve 556 students and include 88 licensed childcare spaces.
A young Strathroy, Ont. man believes there's a promising way forward in the effort to fight his disease. But, he's being told, right now, that path isn't open to him. Friends and family are stepping up to try and make a case for Kyle McPhee to receive immunotherapy treatments.
Selkirk RCMP have arrested and charged a man after he allegedly killed his dog, smashed out the windows of a home and two cars with an axe, and set fire to a shed on his property.
With the sale of Portage Place in the works, more people living and working in downtown Winnipeg, and a full slate of events planned for the summer, vendors and stakeholders think the future looks bright for the city's beleaguered core area.
U.S. President Joe Biden and first lady Jill Biden arrived in Ottawa on a foggy Thursday evening, kicking off a whirlwind two-day visit to the capital. Ottawa police and the city of Ottawa have warned residents and visitors will see an increased police presence across the downtown core, and there will be "significant traffic and transit disruptions" during the visit.
In the weeks leading up to Wednesday’s provincial budget, school divisions in Saskatchewan were expecting funding levels to increase, with the province repeatedly touting its $1 billion surplus.
A 2021 court order to remove Lighthouse Supported Living Inc. director Don Windels from the organization has been overturned by the Saskatchewan appeal court.
Proponents of a British Columbia liquefied natural gas export facility have unveiled plans to achieve net-zero emissions commitments in the construction phase and for its future operations.
Beginning next week, drivers will have to ease off the gas pedal while passing nine Vancouver schools located along busy arterial routes and collector streets.
A Victoria man’s life of crime has turned into one of survival, hope and advocacy amid ongoing conversations in the community about how best to tackle public safety matters.
