Saint John church can hold services after agreeing in court to follow the rules
Social media video shows pastor of Saint John church served papers by peace officers
Weekend church services at His Tabernacle Family Church in Saint John will go ahead as planned after the pastor of the church agreed to follow new rules imposed by the province last month.
The province asked the Court of Queen's Bench for a preliminary injunction that would prohibit the church from holding "public gatherings which are in contravention" of the Public Health Act and the Emergency Measures Act, according to documents obtained from the court.
On Friday afternoon, the parties signed a consent order that saw the pastor, Phillip James Hutchings, agree to "make all reasonable efforts to ensure compliance" with the rules governing faith-based gatherings.
The agreement will remain in effect until a hearing on the province's application under Section 55 of the Public Health Act can be heard.
On Wednesday night, the church was fined for flouting the province's emergency order.
The ticket was issued to a representative of the church "for failure to comply with provisions of the mandatory order," confirmed Coreen Enos, a spokesperson for the Department of Justice and Public Safety.
She did not name the faith-based venue, but a video posted on Facebook on Wednesday shows two Public Safety officers at the door of His Tabernacle Family Church, on Rockland Road, trying to serve papers to Hutchings.
Members of the Saint John Police Force were asked to accompany Public Safety officers to the church Wednesday evening to issue "some paperwork," said police force spokesperson Jim Hennessy.
In the video, a man tries to prevent the officers from entering, arguing it was a private establishment.
The officers explain that, according to the Emergency Measures Act, peace officers are allowed to enter to ensure compliance with New Brunswick's new emergency order.
The officers eventually enter the building without being invited, much to the chagrin of a small, vocal crowd outside the building, which at one time was owned by the Roman Catholic bishop of Saint John, according to records with Service New Brunswick.
The reception from those inside the building, many of whom were unmasked, wasn't any more welcoming toward the officers, according to two other videos posted to social media. Some of those inside sang hymns as one of the peace officers tried to present the documents to Hutchings.
Through most of the videos, voices could be heard saying the officers were trespassing and breaking the law.
As the female officer stood with the paperwork extended to Hutchings, he complained to a Saint John police officer that she was harassing him.
When he wouldn't take the paperwork from her, the police officer said, "Just put it on the floor. He's been served."
A message left with His Tabernacle Family Church was not returned by publication time, nor was a message sent to Hutchings through Facebook.
On his Facebook page, Hutchings said on Sunday: "Public Safety sent a spy into our church service. And once we started #singing...she left." He goes on to say that peace officers are harassing his family.
Under the mandatory order, a peace officer may issue a fine in the amount of $480 plus surcharge and fees, Enos said in an email.
"In instances where an offence is brought to court, in certain circumstances a judge may issue a fine to an amount not exceeding $20,400 plus surcharge and fees," she wrote. "Repeat offences will result in pursuit of escalating sanctions."
Premier has said churches are source of cases
Premier Blaine Higgs has said churches have played a role in the growth of cases provincially. But his government initially resisted imposing new COVID-19 restrictions on places of worship.
On Sept. 24, however, the province's new 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.
As of Tuesday, officials had visited more than 100 "faith venues" since the mandatory order took effect, department spokesperson Geoffrey Downey told CBC News.
Of the eight visited last weekend, Downey said, three had moved to "an online service and four venues were found to be compliant with COVID-19 regulations. An investigation into one location is ongoing."
It wasn't clear whether the three churches had moved to online services voluntarily. The department hasn't clarified that.
Putting faith in those with expertise
Brian Stockford, senior pastor at Kennebecasis Baptist Church, said people have to put faith in the government and in those with scientific expertise.
"If the government is not doing anything unbiblical in what they're stating, we have to respect and follow their guidelines," he told Information Morning in Saint John.
"As a church pastor and an attendee, I need to remember that the government is God's way of maintaining a public good, and directing the province's affairs. We also have to put our trust in those that have studied this the most."
When the province gave churches two options for continuing to operate, Stockford said, his church chose proof of vaccination, rather than reduce capacity and eliminate singing.
Stockford said his church was prepared for a spot check last Sunday and had the documents all ready to show if asked, but no one from the province stopped by.
With files from Information Morning Saint John and Jacques Poitras