COVID-19 rules challenge involving Woolwich church dismissed by Ontario court

An Ontario Superior Court has dismissed a challenge to COVID-19 rules.

Trinity Bible Chapel in Woolwich and Church of God (Restoration) in Aylmer claimed gathering limits violated their freedoms of religion and assembly in a hearing in January.

Justice Renee Pomerance decided the limits infringed on fundamental freedoms, but were reasonable and justifiable.

In a decision released Tuesday, she concluded gathering limits had to be seen within the context of the pandemic and the government had the responsibility to act in the public interest. 

The justice saw that benefits of the restrictions outweighed harmful effects on religious freedom.

“Religious freedom is not absolute. It may have to yield in the face of competing rights and interests,” Pomerance wrote.

She recognized that the limits had a negative effect church members' psychological well-being and kept members from doing religious activity, but other means of religious expression were available, even if they weren't “ideal.”

“Many sacrifices were required of many individuals and institutions in the interests of public health. Religious institutions were affected, but no more than was reasonably necessary and for no longer than was reasonably required.”

“Ontario accounted for the importance of religious activity by allowing greater latitude for religious than non-religious gatherings. Limits on religious activities were less stringent than limits on social events and public performance events.”

At the same time, Pomerance concluded gathering limits benefited religious followers too.

“There may well be individuals who took comfort from capacity restrictions at churches. There may be individuals who would not have attended services absent these protections. For those individuals, the gathering limits enhanced their ability to participate in religious activities.”

She wrote that the province set out to protect religious groups, not target them.

Pomerance also noted the standard in this case is not scientific certainty.

Lawyers for the churches had argued that Ontario couldn't prove public health measures caused changes to COVID-19 trends, only that there was a correlation.

The justice saw that the province was required to act cautiously and couldn't afford to wait for conclusive evidence.

“To wait for certainty is to wait too long. Clearly, Ontario was not required to wait for scientific unanimity on the properties of the pandemic before taking steps to prevent illness and death.”

Pomerance said it was about “the prospect of saving lives and preventing serious illness, even if we cannot precisely quantify how many lives were saved.”

The churches were charged last spring for infringing on public health restrictions, but these will be decided by other courts. 

The full decision can be found here.