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COVID-19: Ontario churches’ constitutional challenge on gathering limits dismissed

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gathering restrictions implemented by the provincial government during the COVID-19 pandemic, deciding that their health benefits had outweighed the impact on religious freedom.The challenge was put forward by the Church of God in Aylmer and Trinity Bible Chapel in Waterloo, both of which have faced a variety of charges, including findings of contempt, for repeatedly defying restrictions.Superior Court Justice Renée Pomerance’s written decision can be read in full on the website for the Canadian Legal Information Institute.

COVID-19: Ontario churches’ constitutional challenge has 1st day in court Lawyers for the churches’ had argued that both indoor and outdoor gathering restrictions issued by the Ontario government were over-broad, unreasonable, arbitrary limits that violated Charter rights and cannot be justified in a free and democratic society.

While Pomerance agreed the restrictions had infringed on religious freedom, “these measures were rationally connected to a pressing and substantial objective and were proportionate in their effect.”“The government objectives in this case are amongst the most compelling imaginable – the protection of human life in the face of an unprecedented and unpredictable virus, carrying a threat of devastating health consequences,” Pomerance said.She notes that there was never a complete ban on religious gatherings or activities, rather “it was always open to the churches to deliver services to congregants, albeit in a less than optimal fashion” such as drive-in services or virtual meetings.Pomerance added that the Ontario government, “accounted for the importance of religious activity by allowing greater latitude for religious than non-religious gatherings,” pointing to the less.

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