Toronto church launches constitutional challenge against province's COVID-19 lockdown rules

The Toronto International Celebration Church (TICC) filed a suit with the Superior Court of Justice on Tuesday arguing that Ontario's 10-person capacity limit on religious gatherings are unconstitutional and do "not represent a tailored response to the current COVID-19 health crisis," CP24 reports.

In a video posted online, Youngren said "at a time when many are suffering with isolation, depression and a sense of despair the most loving thing a local church can do is to open its doors wide open while maintaining public health standards."

TICC argues that they were operating in a safe manner prior to the imposition of new lockdown measures by the Ford government in November, whereby in-person services were allowed to be held at 30% capacity. According to Youngren, TICC has a maximum capacity of over 1,000 congregants at a time, and can fit far more than the current ten people limit while maintaining a healthy and safe environment.

"We’re not COVID-19 deniers. We have adhered carefully to all the government requirements regarding safe distancing, wearing masks and only operating at a 30 percent capacity," Youngren said. "However, we are deeply concerned about equal treatment under the law."

Under the lockdown orders imposed by the Ford government upon Toronto and Peel Region since early November, religious gatherings are limited to ten people, businesses deemed "not essential" have been closed, indoor social gatherings with members of separate households are prohibited, and "big box stores" may operate at limited capacity.

"In the Bible, and we do believe and follow the teachings of the Bible, there’s something of meeting in person, there’s something unique to that," Youngren continued. "There’s a dynamic that doesn’t happen online, even when we are separated by 2 metres or more, it’s been 2 to 3 metres, there’s a special dynamic when we pray together and worship together."

Other churches across Canada have protested against COVID-19 lockdown orders, with a church in Manitoba recently making headlines after attempting to hold a drive-in service in spite of lockdown rules. After weeks of tensions with the province, the Manitoban government eventually allowed religious institutions to perform drive-in services.

The Canadian Civil Liberties Association (CCLA) also announced their intention to involve themselves in the court proceedings. "The limitation on this Charter right has the proportionality of a sledgehammer. This constitutional challenge is much needed to engage the judicial branch in our democracy, so we will seek to be heard by the Court," said CCLA Executive Director Michael Bryant.

"Our hope in all of this is that the government will either voluntarily re-asses it’s directive to religious groups or will be ordered by the courts to provide equal treatment," Youngren said.