A Manitoban judge is dismissing a challenge from a group of Manitoban churches, saying the provincial health orders do not violate the Canadian Charter of Rights and Freedoms but do restrict constitutional rights and freedoms.

Court of Queen’s Bench Chief Justice Glenn Joyal told the seven petitioning churches Thursday morning that the Chief Public Health Officer's ability to oversee the public health measures was constitutional and democratic after the churches challenged the doctor's position, saying he holds too much power without sufficient oversight. Joyal says the orders require ministerial approval, who is accountable to the legislature. 

Joyal also responded to a challenge from the churches regarding the limiting of religious and public gatherings, He says while these orders do restrict rights and freedoms spelled out in the Canadian Charter of Rights and Freedoms, they were constitutionally justified. 

"These orders take urgent action to protect the health and safety of Manitobans and are frequently varied as the pandemic evolves," his statement says. "There was an obvious need for medical expertise and prompt, flexible responses during a public health emergency."

Joyal says it would be "highly ironic" for a court to strike down legislation complying with the Constitution.

When the challenge was first issued last year, Manitoba was in its second COVID-19 wave. Manitoba's Chief Public Health Officer, Dr, Brent Roussin, said at this time a faith-based gathering resulted in COVID-19 being brought into a care home. Churches and other places of worship had tight restrictions on in-person worship services. At least one of the challenging churches continued to host full in-person services.  At this time Manitoba saw its highest daily death counts. 

The churches brought their challenge to the court this year, going to court for the first time in May. The Justice Centre for Constitutional Freedoms (JCCF) represented the group, saying they are disappointed in the rulings.

"During Covid, the Manitoba Legislature, comprised of the people’s democratically elected representatives, had been sidelined in favour of the authority of Dr. Roussin. The issued Orders were not considered, debated, amended, or studied by the legislature. There was no requirement that Dr. Roussin provide the legislature with reports on the Orders, or the science which supposedly supports them," JCCF says. "The onus was on the Manitoba Government to justify its restrictions on Charter rights and freedoms as being reasonable, necessary, and beneficial."

Lawyer Allison Pejovic says they are considering appealing.

"The Applicants challenge Manitoba’s lockdown measures as unjustified violations of various Charter-protected freedoms including freedom of conscience, religion, expression and peaceful assembly, liberty, security of the person and equality rights," the JCCF said in a release at that time.

At this time, Tobias Tissen, a minister with one of the seven churches, Church of God, told a crowd outside of the courts that he cannot force worshipers to follow Manitoba's health orders, saying it was "God's jurisdiction." 

Weeks later, Shared Health's Chief Medical Officer told reporters Manitoba was the COVID capital of North America, seeing the highest caseload at the time. Manitoba's hospitals had run out of room, shipping dozens of COVID-19 patients to other provinces for care, with some not surviving the trip.

Tissen has since been arrested and now released on an outstanding warrant. One of his conditions of release is that he cannot organize any gatherings related to the health orders. 

 

This is a developing story.