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The churches are now allowed to hold in-person services outdoors.
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Three Fraser Valley churches that have been challenging the COVID-19 ban on in-person worship services have been granted an exemption, days before their petition is due to be heard in court.
The Riverside Calvary Chapel in Langley, Immanuel Covenant Reformed Church in Abbotsford, and Free Reformed Church of Chilliwack have received a “variance” from the provincial health officer, Dr. Bonnie Henry, allowing them to hold worship services, but only outdoors, with safety protocols in place and a maximum of 25 people.
“It’s a very small step in the right direction,” said lawyer Paul Jaffe with the Justice Centre for Constitutional Freedoms. “We feel (Henry) should go much further. Even under the present conditions, there’s still quite an unfair and unequal imposition on the churches as opposed to secular activities.”
Religious gatherings were banned in B.C. in November — a move some religious leaders found baffling because gyms, bars and restaurants were allowed to stay open.
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Despite hefty fines, the churches have been holding in-person services in defiance of the ban. Last week, a judge dismissed the government’s application for an injunction against the churches, saying the province already has the ability to escalate enforcement.
Many churches which had filed similar applications have not heard back, said Jaffe. This exemption is the first to be granted to a Christian church and may set a precedence for other churches: “There’s no rationale that a church acting in a safe way not be granted those same exemptions.”
But Henry’s decision, while welcome, “is not going to change anything for next week,” Jaffe said, referring to its court challenge scheduled to be heard in B.C. Supreme Court on Monday.
The petition alleges the provincial orders infringe on Charter rights including the freedom of religion, assembly and expression.
“We say these orders are defective because they are arbitrary, disproportionate, over-broad and somewhat discriminatory when it comes to the churches,” said Jaffe.
In a statement Henry issued after the judge dismissed the government’s application for an injunction, she said her orders are in place to protect faith leaders and their congregations and she is confident they are in line with the law.
chchan@postmedia.com
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