Free Reformed Church is seen as people attend service, in Chilliwack, B.C., on Sunday, Feb. 21, 2021. Lawyers for the British Columbia government and the Justice Centre for Constitutional Freedoms are back in B.C. Supreme Court today, squaring off over the legality of COVID-19 rules that prohibit in-person religious services. THE CANADIAN PRESS/Darryl Dyck

Free Reformed Church is seen as people attend service, in Chilliwack, B.C., on Sunday, Feb. 21, 2021. Lawyers for the British Columbia government and the Justice Centre for Constitutional Freedoms are back in B.C. Supreme Court today, squaring off over the legality of COVID-19 rules that prohibit in-person religious services. THE CANADIAN PRESS/Darryl Dyck

B.C. top doctor has power to restrict access to a place during health hazard: lawyer

Under B.C.’s Public Health Act, Jacqueline Hughes says, Henry can restrict or prevent entry to a place

A lawyer for British Columbia’s attorney general says provincial public health orders do not single out or ban all in-person religious services.

Jacqueline Hughes told the B.C. Supreme Court that individual worship and drive-in events are permitted, subject to certain conditions, while weddings, funerals and baptisms may include no more than 10 guests.

She says provincial health officer Dr. Bonnie Henry has the statutory powers during an emergency to issue orders she reasonably believes are necessary to prevent and mitigate further harm from a health hazard.

Under B.C.’s Public Health Act, Hughes says, Henry can restrict or prevent entry to a place and she has made efforts to consult faith leaders while weighing their rights against COVID-19 health data.

Paul Jaffe, legal counsel for a group of petitioners that includes three Fraser Valley churches, has argued Henry’s orders reflect a value judgment.

He told the court earlier this week his clients have adopted safety measures similar to those required in places that remain open and argued the health orders arbitrarily interfere with their charter right to freedom of religion.

Jaffe works with the Justice Centre for Constitutional Freedoms, a Calgary-based legal advocacy group that’s also asking the court to dismiss tickets of up to $2,300 each for alleged violations of the public health orders.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

CoronavirusLaw & Justice

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Brendan Martin is on a hunger strike to raise awareness of fighter jets being purchased by the Canadian government. (Special to Black Press Media/Canadian Press)
Langley physician on two-week hunger strike to protest Canadian fighter jet purchase

No Fighter Jets Coalition member Dr. Brendan Martin last ate on April 10

The Langley Seniors Resource Centre has a tax clinic that wraps up April 30, 2021. (LSRC grpahic)
Seniors centre offers tax clinics and men’s sexuality group has online support meeting

Most in-person events remain on hold but here’s information on two events

.
LETTER: Langley student spills about the link between milk and climate change

Grade 7 students at Gordon Greenwood Elementary were tasked with writing about climate change.

.
LETTER: Langley student delves into climate change and the impact on storms

Grade 7 students at Gordon Greenwood Elementary were tasked with writing about climate change.

The Giants play at Prospera Place in Kelowna Wednesday night against Victoria, then are back on the same ice again Saturday to take on the Rockets. They defeated Prince George Monday, 2-1 in Kamloops. (Allen Douglas/Special to Black Press Media)
VIDEO: Giants climb to top with 11 games remaining

Vancouver G-Men play again Wednesday, hoping to take down Victoria for a fourth time this season

A lone traveler enters the Calgary Airport in Calgary, Alta., Monday, Feb. 22, 2021. THE CANADIAN PRESS/Jeff McIntosh
VIDEO: Trudeau defends Canada’s travel restrictions as effective but open to doing more

Trudeau said quarantine hotels for international air travellers will continue until at least May 21

B.C. Finance Minister Selina Robinson leaves the assembly with Premier John Horgan after the budget speech Tuesday, April 20, 2021. THE CANADIAN PRESS/Chad Hipolito
Paid sick leave for ‘hard-hit’ workers left out of provincial budget: BCGEU

‘For recovery to be equitable it requires supports for workers, not just business,’ says union president Laird Cronk

A large crowd protested against COVID-19 measures at Sunset Beach in Vancouver on Tuesday, April 20, 2021. (Snapchat)
VIDEO: Large, police-patrolled crowds gather at Vancouver beach for COVID protests

Vancouver police said they patrolled the area and monitored all gatherings

In this image from video, former Minneapolis police Officer Derek Chauvin, center, is taken into custody as his attorney, Eric Nelson, left, looks on, after the verdicts were read at Chauvin’s trial for the 2020 death of George Floyd, Tuesday, April 20, 2021, at the Hennepin County Courthouse in Minneapolis, Minn. THE CANADIAN PRESS/Court TV via AP, Pool
George Floyd’s death was ‘wake-up call’ about systemic racism: Trudeau

Derek Chauvin was found guilty Tuesday on all three charges against him

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Former University of Victoria rowing coach Barney Williams is photographed in the stands during the Greater Victoria Invitational at CARSA Performance Gym at the University of Victoria in Victoria, B.C., on Friday, November 29, 2019. THE CANADIAN PRESS/Chad Hipolito
Rowing Canada sanctions former head coach of B.C. varsity women’s team

Suspension of Barney Williams would be reversed if he complies with certain terms

A man pauses at a coffin after carrying it during a memorial march to remember victims of overdose deaths in Vancouver. THE CANADIAN PRESS/Darryl Dyck
B.C. announces historic half-billion-dollar funding for overdose crisis, mental health

Of it, $152 million will be used to address the opioid crisis and see the creation of 195 new substance use treatment beds

Most Read