Chilliwack RCMP recommend charges against churches continuing to hold in-person worship

Police in Chilliwack say they have recommended charges against three churches that have held in-person worship, contravening provincial health orders.
 
In a release, Chilliwack RCMP say an investigation began last Sunday, Dec. 6, after the detachment received reports that three separate churches were holding in-person congregation services.

"Each of these incidents was actively investigated by the Chilliwack RCMP and the evidence gathered has resulted in the Chilliwack RCMP forwarding a report to the B.C. Prosecution Service for charge assessment of these violations," said the release.

RCMP have not said what charges they are recommending against the churches, and have not named the churches.

In November, Provincial Health Officer Dr. Bonnie Henry suspended all in-person faith-related gatherings as part of a wider effort to limit the spread of COVID-19.

Worshippers were told not to attend services at their gurdwara, synagogue, church, mosque or temple. Dr. Henry said transmissions have happened at places of worship.

Three churches in the Fraser Valley, just east of Vancouver, continued to hold in-person services despite a provincial health order that prohibits in-person gatherings in order to curb the spread of COVID-19.  

The Free Grace Baptist Church and Free Reformed Church in Chilliwack continued to hold services, along with the Riverside Calvary Chapel in Langley, which was fined $2,300 the first week of December.

One church in Kelowna also held a morning gathering Dec. 6, which resulted in a visit from the RCMP.

No one from any of the three churches have responded to requests for comment from CBC News about potential charges.

Marty Moore, a barrister and solicitor with the Justice Centre for Constitutional Freedoms in Calgary, said he has been reviewing the public health orders in B.C.

He said in an email to CBC News that "prosecution and law enforcement should be hesitant to attempt to enforce Dr. Henry's constitutionally-questionable order prohibiting in-person religious gatherings."

'Difficult burden to prove'

Moore argues that freedom of conscience and religion is the first fundamental freedom guaranteed in the Canadian Charter of Rights and Freedoms, which should allow churches to organize in-person worship.

"Should prosecution and law enforcement proceed to issue further tickets, they will have a difficult burden to prove that that Dr. Henry's order is necessary and minimally impairing of British Columbians' Charter freedoms," he said.

In late November, the U.S. Supreme ruled against limits on religious services in areas of New York City that were particularly hard hit by the virus.

The houses of worship said in that case that the limits, 10 to 25 people depending on the area, violated religious freedoms protected by the U.S. Constitution's First Amendment, and that their facilities were singled out with more stringent restrictions than essential businesses, such as food stores.

'Direct contravention'

In its release, RCMP said most people in Chilliwack are complying with the public health order.

"Despite efforts by the Chilliwack RCMP on the first two Sundays to educate and gain voluntary compliance, a very small number continue to hold in-person services in direct contravention of the public health order," it said.

The force says it will investigate all reports of in-person congregation services.

Under the health order, police can issue violation tickets or recommend charges.