Ford government's escalated enforcement on Waterloo church faces challenge from Justice Centre

The Justice Centre for Constitutional Freedoms (JCCF) will be defending Trinity Bible Chapel in Waterloo, Ont., against further enforcement measures from the Ontario government.

The JCCF said on Friday that they had represented Trinity Bible Chapel at contempt of court proceedings held on Wednesday. Further hearings will be continued throughout February.

Jacob Reaume, the pastor at Trinity Bible Chapel, said on Dec. 3 that if Waterloo went into a hard lockdown, his church would remain open. Reaume said it was essential to keep the church open for spiritual, psychological, biblical, and legal reasons.

The JCCF said that the Ontario government—since March—has failed to provide evidence that lockdown benefits outweigh the harms. Repeated requests from the JCCF have been ignored. Premier Doug Ford removed York Centre MPP Roman Baber from the Progressive Conservative caucus after he spoke out against lockdown measures.

Government data and statistics continue to show that advanced age is the leading risk factor for death from COVID-19, particularly when there are multiple severe comorbidities. The majority of the people who have died from COVID-19 are 80 years old or older.

Lisa Bildy, a constitutional lawyer at the JCCF, said the mainstream media has spent more time criticizing Trinity Bible Chapel instead of looking into how harmful lockdown measures have been.

"Various media are more than willing to feature speculative commentary on the motives of this church and its leadership, vilification of the pastor, and suggestions that they are causing harm to the community, all without evidence to support that speculation," she said. "This has even resulted in threats of violence against Trinity Bible Chapel."

There has been mounting evidence proving lockdowns are harmful. Increasing numbers of health professionals are raising concerns, despite risking their careers.

Reaume received a visit from two police officers on Dec. 24. These police officers advised Reaume that the entire province would be locking down for four weeks on Dec. 26. He was told he was expected to close down his church.

Reaume took the opportunity to share his views on the harms associated with lockdowns. He welcomed the police officers to join his church in worship over the Christmas season.

The church held a service on Dec. 27, which police monitored from the parking lot. All six of the church's elders and pastors were served at their homes a few days later with summonses to appear in provincial offences court in January.

The church's elders and pastors were charged again after a second service on Jan. 3. Each charge carries the risk of a $100,000 fine and one year in jail. For the church, the risk is $10 million per charge.

The Ontario Ministry of the Attorney General's office served notice that it would bring an application under the Reopening Ontario Act (ROA) for an order mandating the church and their leadership abide by regulations, limiting gatherings for religious services to ten people. Breaching an order could result in contempt of court proceedings, which could lead to imprisonment.

The church agreed to abide by the order, but until lockdown measures were expected to be lifted four weeks later.

The Ontario government declared a second state of emergency because of COVID-19 on Jan. 12.

The Ministry of the Attorney General proceeded to request the church continue to avoid meeting in person. The elders of the church declined.

Lawyers involved with the ministry sent a court application to the JCCF on Jan. 21, seeking an immediate order requiring the church to follow the ROA. An emergency meeting with a judge was arranged on Jan. 22, which was attended by four lawyers from the ministry. Since the ROA permits these lawyers to receive an order without notice or any consideration of its validity, the judge requested the church comply.

This order permits the church to bring a motion to set the decision aside within 30 days. The JCCF will challenge the constitutionality of the gathering restrictions by filing a notice of constitutional question and a motion within these court proceedings.

Bildy said the Ontario government is in violation of the Canadian Charter of Rights and Freedoms with lockdown measures.

"The Ford government has not yet had to prove in a court of law that its extraordinary, indefinite restrictions on the Charter-guaranteed rights of Ontarians are themselves legal, demonstrably justified and in accordance with the constitution – the supreme law that governs those who govern us," she said. "They may finally be forced to do so in this court application."

The church held a service on Jan. 24. Lawyers from the ministry served notice of contempt proceedings on the church on Tuesday, which were to be held the following day.

The church did not oppose the charge, but it will be making extensive submissions about the penalty when the matter returns to court in mid-February. They have agreed to not hold in-person services until Feb. 9, the end of the current state of emergency.