Manitoba Court of Appeal dismisses seven churches' challenge to COVID-19 rules

Health order constitutional challenge dismissed A judge has ruled Manitoba's public health orders were neither unconstitutional or an undemocratic delegation of power. Josh Crabb reports.

WINNIPEG — The Manitoba Court of Appeal has quashed an appeal request from seven churches to have some of the province's former COVID-19 restrictions declared invalid.

The Appeal Court says a Court of King's Bench judge did not err in his analysis that the restrictions were necessary to prevent the spread of COVID-19 and allowable under the Charter of Rights and Freedoms.

Lawyers for the churches argued public health orders in 2020 and 2021 that temporarily closed in-person religious services, then permitted them with caps on attendance, violated the Charter.

The churches' lawyers told the Court of Appeal that the trial judge erred in not fully examining whether less restrictive rules could have achieved the same goal.

Health officials testified in 2021 that strict public health orders were needed to quickly contain the spread of COVID-19 as the number of cases spiked and hospitals were strained.

The three Appeal Court judges say in their decision that the province's choice to impose restrictions far outweighed the consequences.

A lawyer for the church says they are disappointed with the decision, and are considering next steps.

"The rights of Canadians to practice their religion, and their freedoms to express themselves and assemble, are constitutionally guaranteed rights and freedoms," Allison Pejovic, co-counsel for the seven churches, said in an email.

"(The appellants) maintain that it is the role of Canadian courts to protect our fundamental rights when they are most at risk, as they were during the pandemic."

   This report by The Canadian Press was first published June 19, 2023.