Saint John church agrees to obey the province's COVID protocols for religious gatherings

The directors of His Tabernacle Family Church in Saint John have all signed a court document promising they will obey New Brunswick COVID-19 rules. 

Pastor Philip Hutchings and assistant pastors Cody and Dana Butler all signed the agreement on Friday afternoon. 

And just to make sure they understood the gravity of the situation, Justice Hugh McLellan made Cody and Dana Butler read out sections of the agreement. 

He told them he didn't want anyone to come back the next time and claim they didn't understand what was expected of them. 

"Do you know why we take this stuff so seriously, sir?" McLellan asked Cody Butler. 

"To ensure the safety of the public," responded Butler, who's scheduled to appear in criminal court on Nov. 4 for allegedly refusing to allow peace officers in the church to ensure compliance.

"Have you heard about all of these cases around the province and in Saint John? Have you heard about that?" continued the judge.

Butler said that he had. 

"Do you get the idea how serious we take this for public safety?" asked McLellan. 

The judge also stressed that the directors would be held "personally responsible" if there's "any more foolishness about noncompliance with the COVID rules." 

Dana Butler read the same section aloud in court and acknowledged that people can get sick if they don't follow the rules. 

"And some are dying," added the judge. 

Dana Butler said she knew the Oct. 10 church services did not comply with an Oct. 8 consent order that Hutchings had signed promising to follow the province's pandemic rules for church gatherings.

"Is that going to happen again?" asked McLellan. 

"No, sir," she responded. 

"Are we clear about that?" the judge pressed. 

"Yes, sir," Butler said. 

"I want to be clear," McLellan said. "You could end up going to jail if there's a violation of this."

He stressed that the directors were being held personally responsible for the actions of the church. And just to make sure they understood, he made the Butlers initial that section of the already-signed original document. 

Hutchings signed a similar agreement last week when he was released from jail after seven days for being in contempt of court for failing to abide by his promise to the court to comply with the rules. 

The agreement says all three directors of the church will comply with COVID protocols, including giving Public Safety officials access to church gatherings. They also agreed to not hold any secret services and promised to let Public Safety know if they plan to have services in a different location or at times that differ from regularly scheduled services. 

They also agreed to "refrain encouraging harassment of public or government officials."

That agreement will remain in place until the court deals with an application by the province under Section 55 of the Public Health Act. No date has been set.  

Social media posts tip off province

According to an 80-page court file, the church first came to the province's attention in September, when Hutchings posted on social media that his church would operate at full capacity and wouldn't require masks or proof of vaccination. 

The province's updated emergency order said churches must choose between requiring proof of vaccination or holding services at 50 per cent capacity with distancing, contact tracing lists and no singing. Masks are mandatory with either option.

The emergency order also gives peace officers the authority to enter any building without permission to ensure compliance with the rules. 

On Oct. 1, an official with the province contacted Hutchings and explained the rules. He agreed to comply, according to the court file.

Two days later, another official attended Sunday service at the church. According to her affidavit, she was the only person wearing a mask. She said no one asked for proof of immunization, there was no physical distancing, and there was congregational singing. 

The officer left after about 10 minutes, saying she was uncomfortable "due to the COVID risks at this service." 

Hutchings was then fined for non-compliance on Oct. 6.

On Oct. 8, the province went to court to get an "interlocutory order" to shut down the church for continued non-compliance, but Hutchings signed the consent order, agreeing to "make all reasonable efforts to ensure compliance" with the rules governing faith-based gatherings. 

Two days after the agreement was signed, Public Safety visited the church and videotaped people coming and going freely and not wearing masks, including footage of an unmasked Hutchings coming to the door of the church.

A man was arrested after he refused to allow peace officers into the building to ensure compliance with COVID protocols.