Coherent Identifier About this item: 20.500.12592/k74x1c

COURT OF APPEAL ALAIN BEAUDOIN, BRENT SMITH, JOHN KOOPMAN, JOHN VAN MUYEN, RIVERSIDE CALVARY CHAPEL, IMMANUEL COVENANT REFORMED CHURCH

14 December 2021

Summary

The PHO bears the burden of proof and persuasion that the restriction of the Appellants’ freedoms is both reasonable and demonstrably justified under s. [...] The Chambers Judge ruled that the Second Affidavit of Valerie Christopherson made February 25, 2021, which provided the transcript of the February 12 news conference along with the PHOs variance decision issued to the Appellants, “is irrelevant to the reasonableness of Dr. [...] Of note, in Emerson’s Affidavit, he stated that “[b]ased on the information provided to the PHO by the MHOs for each Health Authority, the PHO was aware” of “one death… associated with an outbreak at a religious setting”.39 Yet, at the February 12 news conference, the PHO recalled that in imposing the worship service prohibition in November 2020, “we were seeing people ending up in hospital, and s. [...] February 12 was the first time the PHO stated that “there was transmission in a number of faith settings despite having those measures in place” and “despite people taking their best precautions”.43 No evidence appears in the material before the PHO in support of the PHO’s February 12 statements, the transcript of which was attached as an Exhibit to a paralegal’s affidavit filed two business days. [...] On February 25, nearly a month after the Appellants’ counsel had formally asked to hold indoor in-person services with safety measures in place, the PHO denied their request, but granted them the permission that the PHO had given to Orthodox synagogues since November 2020, permitting them to meet outdoors with up to 25 people.57 The PHO imposed the additional condition that they not sing.

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