A case between a Kelowna pastor and the BC government has ended in a loss for democracy earlier this year.

Pastor Art Lucier defied Bonnie Henry’s imposed lockdowns by continuing to offer services to his congregation, believing it to be a charter-protected human right. For this he received numerous fines, one of which he fought, arguing against its constitutionality.

In provincial Court last September Judge Burnett dismissed Lucier’s Charter challenge as an “impermissible collateral attack against an administrative order”.  A vague statement that implies the Charter is an unacceptable argument against administrative orders in the face of a “global pandemic”. On the contrary, the Charter is not impermissible. In fact, it is exactly these situations where it is most applicable, to ensure that our processes are followed, and rights are not trampled unnecessarily.

In the BC Supreme Court Lucier was again dismissed, however this time Chief Justice Hinkson ruled the orders did in fact infringe on the Charter’s Section 2 freedoms, but countered by implying that the infringements were justified under Section 1. Section 1 of the Charter states that certain rights can be infringed upon but that the burden of proof lays with the government to “demonstrably justify” the limits imposed as reasonable. The process for doing so is known as the Oakes Test and has yet to be acknowledged or proven by any level of government within Canada.

Finally, to the BC Court of Appeal where Justice Kent dismissed Lucier’s appeal, citing a previous ruling challenging the validity of Dr. Henry’s orders: Beaudoin v. British Columbia.

Kent referred to a judgment from Justice Fitch in which he declared “while the temporary curtailment of freedoms was significant, so too were the societal interests advanced by imposing them”, believing that “the salutary effects outweighed the harm they caused.” Incredulous, given the abundance of data to the contrary.

Regardless, we remain steadfast in our search for those willing to stand for our Charter and support its rightful position as the basis for our democracy and way of life in Canada. Stand with us.

To read the R. v. Lucier judgement, click here