B.C. pastor, fined $2,300 for holding gathering during pandemic, loses appeal – Okanagan | 24CA News
A pastor in B.C.’s Interior who challenged a $2,300 violation ticket for holding a public gathering through the COVID-19 pandemic had his enchantment dismissed this week.
In a choice posted on April 26, a B.C. Supreme Court decide dominated that Pastor Arthur Charles Lucier of Kelowna Harvest Church had certainly organized an in-person worship service on Jan. 24, 2021.
Read extra:
Kelowna church chief fails in problem of ticket issued for gatherings through the pandemic
That was opposite to a public well being order issued by the province simply days earlier on Jan. 8, 2021.
“Pastor Lucier disputed the ticket on constitutional grounds, alleging that the Jan. 8, 2021, (gathering and events order) was an unjustifiable infringement of various rights guaranteed by the Canadian Charter of Rights and Freedoms (Charter), including freedom of religion, freedom of peaceful assembly, and the like,” reads the choice.
Lucier sought an order declaring that the general public well being order banning gatherings and occasions was void, which might then lead to his ticket being mechanically quashed.
The matter proceeded to trial in B.C. provincial court docket, and a listening to was held to find out the pastor’s Canadian Charter of Rights and Freedoms problem.
Ultimately, on Sept. 21, 2022, the B.C. provincial court docket decide issued his ruling and dismissed Lucier’s Charter problem. Nearly a month later, on Nov. 14, 2022, the decide convicted Lucier, counting on an agreed assertion of info.
The determination stated, “Pastor Lucier admitted that he had organized an in-person worship service at his church on January 24, 2021, an event which he knew was prohibited under the January 8, 2021 (gathering and events) order issued by the (provincial health officer).”
The decide then imposed the obligatory minimal $2,300 wonderful.
Lucier, although, appealed, however the Supreme Court turned it down, stating it was merely a reframing of his fundamental criticism.
The determination ended, saying, “For the reasons stated above, Pastor Lucier’s appeal of his summary conviction must be and is hereby dismissed.”
The determination is out there on-line.
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