Legal Challenges During the COVID-19 Pandemic

On November 18, 2021, a B.C. Supreme Court justice dismissed a constitutional suit against Provincial Health Officer Bonnie Henry that alleged the provincial government broke the law by prohibiting religious gatherings. Klassen had argued that creating sanctions for those violating orders moved the situation into the criminal realm, making it a federal issue. Justice Robert Jenkins disagreed, saying “Although there are sanctions, those are necessary to be able to enforce the mandatory compliance needed for the protection and health care of all British Columbians,” Jenkins said in his ruling. He found the orders were created for “the protection and health of the public in an effort to stop COVID-19’s spread.” Jenkins said Henry made the orders using authority granted to her by the province. That power, Jenkins said, is within the authority of the Constitution Act.^{1) 2)}

The Justice Centre for Constitutional Freedoms has launched a constitutional challenge in the Supreme Court of BC on behalf of three churches and four individuals against restrictions on public protests and the prohibition of in-person worship services order by BC Provincial Health Officer Dr. Bonnie Henry. The challenge was filed on January 8, 2021. In response, the BC government filed an injunction application targeting the three churches participating in the court challenge. On February 17, 2021, B.C. Chief Justice Christopher Hinkson denied the government’s request for an injunction. The churches challenging the Provincial Health Orders assert that they have gone to extraordinary lengths to comply with extensive health guidelines, including limiting attendance, pre-registering attendees, rearranging seating to ensure physical distancing, providing hand sanitizer and masks, and enhancing cleaning and sanitizing procedures. In the decision of Chief Justice Christopher Hinkson of the Supreme Court of British Columbia, issued March 18, 2021, the Court ruled to strike down Public Health Orders banning outdoor protests but dismissed the challenge to the BC Government’s prohibition on in-person religious gatherings. Regarding the Applicant churches, Chief Justice Hinkson found that Dr. Henry’s Orders infringe the fundamental freedoms of religion, speech, assembly and association, but ruled that the infringements are justified. The Chief Justice did not address the much higher transmission risks in settings BC permits to be open, but rather granted wide deference to Dr. Bonnie Henry’s decision to categorically prohibit in-person religious services.