Prosecutors and a judge in Canada have dismissed charges against pastors and their associates in New Brunswick and Ontario who had been charged with violating public health orders for holding services during the COVID-19 pandemic.
All charges against Pastors Phillip James Hutchings and associates of His Tabernacle Family Church in Saint John and Pastor Aaron Rock of Harvest Bible Church in Windsor have been dropped.
The judge in the case stated that she was unable to determine that the tent erected by Pastor Hutchings for worship in Saint John was “clearly and unequivocally” an enclosed area as defined by a provincial health order.
Hutchings and his associates were issued tickets in October 2021 for violating the health order. A month later, they set up a commercial tent with sidewalls, which were left open during warm weather but closed when temperatures dropped.
Prosecutors claimed the church breached public health orders because the commercial tent was an indoor space and the pastors did not ensure attendees were vaccinated against COVID-19.
In Windsor, Pastor Rock faced with the possibility of a penalty of up to one year in jail and a fine ranging from $10,000 to $100,000 for each of the two counts of alleged Reopening Ontario Act violations. He hosted in-person religious services with an attendance that exceeded the allowed limit at that time.
Attorney Jonathan Martin represents the pastors with the support of The Democracy Fund. He told the Canadian Press, “This is a win for due process and also a win for government accountability against the drafting of vague regulations that provide limitless prosecutorial discretion.”