Judge to decide Saturday if Winnipeg church can have drive-in services

A judge will decide if a Winnipeg church can continue to have drive-in services in a rare Saturday court hearing.

Springs Church and two of its pastors have been fined over $32,000 for allowing the services, which arebanned under Manitoba's current public health order aimed at curbing the spread of COVID-19.

The order, which is set to expire on Dec. 11, requires places of worship to be closed to the public. Other strict conditions includeprohibiting the sale of non-essential items in stores and a ban on visitors in private homes.

The health order allows religious leaders to hold services over the internet or "other remote means,"but doesn't allow drive-in services.

The church is arguing that violates three different charter rights.

University of Toronto law professorKent Roachsaid Court of Queen's Bench of Manitoba Chief Justice Glenn Joyal, who is hearing the matter, will have to balance rights with the threat of COVID-19.

'This is a case that's urgent'

"What we're seeing now is the legal equivalent of an emergency room so basically the judge is making a quick decision on what's known as an interim stay," Roach said.

Lawyers for the province tried to delay the matter, insisting they needed more time to prepare to properly defend the province's case.

WATCH | Winnipeg church seeks injunction in order to continue drive-in services:

Winnipeg church seeks court injunction on health order

4 years ago

Duration 2:08

Springs Church, which has been fined $25,000 for holding drive-in services last month, is seeking an interim stay of the province's current public health order, which requires places of worship to be closed to the public.

ButJoyalsaid the case is in the public interest andirreparable immediate harm or damage might be caused if it was delayed further.

"In my view this is a case that's urgent," he said, noting he wouldn't be deliveringan adjudication on charter arguments Saturday, but simply on the more pressing issue of whether the church can have drive-in services or not.

Decision could fuel more challenges

Roach said Joyal's decision won't bind other courts, but he thinks they would take a serious look at the reasons in the judge's ruling and it could start similar court challenges in other provinces.

He said he expects Joyal's decision would only apply to the Springs Church and not other religious organizations in Manitoba that have been fined for holding services.

If Joyal rules in favour of the church, Roach saidit would be up to the province to decide what enforcement action, if any, they would take for other churches,and if they wanted to change the public health order or appeal the ruling.

Manitoba's Chief Public Health Officer Dr. Brent Roussin declined to comment on the court case duringa newsconference Thursday.

Joyal said he would make an initial decision Saturday ahead of the church's scheduled evening service.