Members of three churches in Langley, Abbotsford, and Chilliwack should be banned from attending services by an injunction because of the ongoing threat of the COVID-19 pandemic, a lawyer representing the Attorney General of B.C. and Dr. Bonnie Henry argued Friday morning in B.C. Supreme Court in Vancouver.

B次元官网网址淭here is no question we are facing a continuing problem,B次元官网网址� said lawyer Gareth Morley, arguing before Supreme Court Chief Justice Christopher Hinkson.

The government is seeking the injunction to allow police to bar or potentially arrest people from gathering in LangleyB次元官网网址檚 Riverside Calvary Chapel, Immanuel Covenant Reformed Church in Abbotsford, and the Free Reformed Church of Chilliwack.

All three churches have continued to hold services in defiance of the bans, and in January they petitioned the court to lift orders that banned or restricted public gatherings, B次元官网网址渁s they unjustifiably infringe the rights and freedoms of the petitioners [the churches] guaranteed by the Canadian Charter of Rights and Freedoms,B次元官网网址� according to the claim filed by their lawyers.

The B.C. government and Henry, as Provincial Health Officer, have argued the restrictions are necessary to control the pandemic, which has killed more than 1,200 British Columbians over the past year.

Lawyer Paul Jaffe, representing the churches, said there was no scientific evidence that the churches were a COVID-19 risk, and that churches canB次元官网网址檛 do what they do without in-person services.

B次元官网网址淭he evidence you have doesnB次元官网网址檛 even mention the petitioners [the churches], doesnB次元官网网址檛 even mention the way the petitioners have been conducting their services,B次元官网网址� Jaffe said.

The churches are using physical distancing, hand sanitizer, and contact tracing, Jaffe said.

In fact, he argued that the injunction should be denied because the provinceB次元官网网址檚 case is so weak that it has no chance of winning the hearing on the overall petition scheduled for March.

Jaffe also argued that one of the exemptions for meetings is for support groups, and that the churches function as support groups.

B次元官网网址淪o itB次元官网网址檚 already exempt from the banning, under this order.B次元官网网址�

The ban on religious gatherings was B次元官网网址渧indictive,B次元官网网址� Jaffe suggested.

B次元官网网址淢y clients can be detained on an officerB次元官网网址檚 belief that they are going to pray. ItB次元官网网址檚 incredible,B次元官网网址� he said.

Justice Hinkson quibbled with some of JaffeB次元官网网址檚 legal arguments.

The provinceB次元官网网址檚 lawyers argued that while the churches have every right to challenge the ban in court, until they win they have to abide by the law of the land, and the injunction is required to ensure that.

B次元官网网址淒r. Henry had to weigh the public health needs against the undeniable interests that everyone who has religious beliefs has in religious practice,B次元官网网址� Morley said.

The injunction is needed, Morley argued, because the churches have continued meeting despite receiving tickets from the police on several occasions.

B次元官网网址淩ight now they do not have the authority to do anything other than issue a ticket,B次元官网网址� Morley said. ItB次元官网网址檚 not within HenryB次元官网网址檚 power to order arrests under her own health orders, he noted.

He also argued that not only is there evidence backing up the governmentB次元官网网址檚 position, there have been transmissions in churches in B.C., including at least one death, that took place under the previous distancing restrictions that were in place before November, which the churches argue make them safe.

Morley also criticized JaffeB次元官网网址檚 arguments to the court for comparing the risk to traffic collisions B次元官网网址� Morley said that traffic accidents arenB次元官网网址檛 contagious.

WhatB次元官网网址檚 at stake is more people in the community getting sick and some people dying, he argued.

Hinkson questioned some of MorleyB次元官网网址檚 arguments, and noted that Jaffe, representing the churches, would ask why churches are treated differently from restaurants or health clubs, for example.

Morley said Henry has stated that those types of gatherings are different, but that whether a gathering is religious or not doesnB次元官网网址檛 inform the reasoning for the health orders.

B次元官网网址淩eligious schools are treated the same way as secular schools, religious weddings are treated the same as secular weddings, religious funerals are treated the same way as secular funerals,B次元官网网址� Morley said.

For all the discussion around scientific evidence, HinksonB次元官网网址檚 main concern seemed to be why the government needed the courtB次元官网网址檚 help in enforcing regulations.

Hinkson noted that some recent injunctions granted by B.C. courts have then not been enforced because the Public Prosecution Office decided it wasnB次元官网网址檛 in the public interest.

B次元官网网址淚f the government are going to come to this court and ask for assistanceB次元官网网址� I have to have some confidence that if I grant an order itB次元官网网址檚 going to get dealt with and enforced by the government,B次元官网网址� said Hinkson. B次元官网网址淎nd if itB次元官网网址檚 not, why would I grant the order?B次元官网网址�

B次元官网网址淵ou ask us for assistance, and we give it, and you wonB次元官网网址檛 back the courts up,B次元官网网址� Hinkson added, saying that such a situation creates an issue of the reputation of the administration of justice.

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Morley said the government was seeking the injunction from the courts partly because the issues at stake are so fundamental, including religious freedom.

B次元官网网址淭his is not just a matter of somebody having a rave in their basement,B次元官网网址� Morley said. The government would feel free to crack down on that using its existing tools, he said.

B次元官网网址淭he difference here is there is a matter of principle that is being adjudicated before you,B次元官网网址� Morley told Hinkson.

He said that the church members are law abiding people and they have not said they wonB次元官网网址檛 obey a court order.

B次元官网网址淲ell, they havenB次元官网网址檛 said they will, either,B次元官网网址� the judge replied.

There was no ruling by the end of the day, despite the fact that church could be held again on Sunday.

B次元官网网址淚 am not going to give judgment today,B次元官网网址� Hinkson said at the conclusion of the hearing.

B次元官网网址淚 am not condoning any breaches of any orders,B次元官网网址� he added, and said he will issue his ruling on the injunction at 10 a.m. on Wednesday, Feb. 17.