Members of three churches in Langley, Abbotsford, and Chilliwack should be banned from attending services by an injunction because of the ongoing threat of the COVID-19 pandemic, a lawyer representing the Attorney General of B.C. and Dr. Bonnie Henry argued Friday morning in B.C. Supreme Court in Vancouver.

sa国际传媒淭here is no question we are facing a continuing problem,sa国际传媒� said lawyer Gareth Morley, arguing before Supreme Court Chief Justice Christopher Hinkson.

The government is seeking the injunction to allow police to bar or potentially arrest people from gathering in Langleysa国际传媒檚 Riverside Calvary Chapel, Immanuel Covenant Reformed Church in Abbotsford, and the Free Reformed Church of Chilliwack.

All three churches have continued to hold services in defiance of the bans, and in January they petitioned the court to lift orders that banned or restricted public gatherings, sa国际传媒渁s they unjustifiably infringe the rights and freedoms of the petitioners [the churches] guaranteed by the Canadian Charter of Rights and Freedoms,sa国际传媒� according to the claim filed by their lawyers.

The B.C. government and Henry, as Provincial Health Officer, have argued the restrictions are necessary to control the pandemic, which has killed more than 1,200 British Columbians over the past year.

Lawyer Paul Jaffe, representing the churches, said there was no scientific evidence that the churches were a COVID-19 risk, and that churches cansa国际传媒檛 do what they do without in-person services.

sa国际传媒淭he evidence you have doesnsa国际传媒檛 even mention the petitioners [the churches], doesnsa国际传媒檛 even mention the way the petitioners have been conducting their services,sa国际传媒� Jaffe said.

The churches are using physical distancing, hand sanitizer, and contact tracing, Jaffe said.

In fact, he argued that the injunction should be denied because the provincesa国际传媒檚 case is so weak that it has no chance of winning the hearing on the overall petition scheduled for March.

Jaffe also argued that one of the exemptions for meetings is for support groups, and that the churches function as support groups.

sa国际传媒淪o itsa国际传媒檚 already exempt from the banning, under this order.sa国际传媒�

The ban on religious gatherings was sa国际传媒渧indictive,sa国际传媒� Jaffe suggested.

sa国际传媒淢y clients can be detained on an officersa国际传媒檚 belief that they are going to pray. Itsa国际传媒檚 incredible,sa国际传媒� he said.

Justice Hinkson quibbled with some of Jaffesa国际传媒檚 legal arguments.

The provincesa国际传媒檚 lawyers argued that while the churches have every right to challenge the ban in court, until they win they have to abide by the law of the land, and the injunction is required to ensure that.

sa国际传媒淒r. Henry had to weigh the public health needs against the undeniable interests that everyone who has religious beliefs has in religious practice,sa国际传媒� Morley said.

The injunction is needed, Morley argued, because the churches have continued meeting despite receiving tickets from the police on several occasions.

sa国际传媒淩ight now they do not have the authority to do anything other than issue a ticket,sa国际传媒� Morley said. Itsa国际传媒檚 not within Henrysa国际传媒檚 power to order arrests under her own health orders, he noted.

He also argued that not only is there evidence backing up the governmentsa国际传媒檚 position, there have been transmissions in churches in B.C., including at least one death, that took place under the previous distancing restrictions that were in place before November, which the churches argue make them safe.

Morley also criticized Jaffesa国际传媒檚 arguments to the court for comparing the risk to traffic collisions sa国际传媒� Morley said that traffic accidents arensa国际传媒檛 contagious.

Whatsa国际传媒檚 at stake is more people in the community getting sick and some people dying, he argued.

Hinkson questioned some of Morleysa国际传媒檚 arguments, and noted that Jaffe, representing the churches, would ask why churches are treated differently from restaurants or health clubs, for example.

Morley said Henry has stated that those types of gatherings are different, but that whether a gathering is religious or not doesnsa国际传媒檛 inform the reasoning for the health orders.

sa国际传媒淩eligious schools are treated the same way as secular schools, religious weddings are treated the same as secular weddings, religious funerals are treated the same way as secular funerals,sa国际传媒� Morley said.

For all the discussion around scientific evidence, Hinksonsa国际传媒檚 main concern seemed to be why the government needed the courtsa国际传媒檚 help in enforcing regulations.

Hinkson noted that some recent injunctions granted by B.C. courts have then not been enforced because the Public Prosecution Office decided it wasnsa国际传媒檛 in the public interest.

sa国际传媒淚f the government are going to come to this court and ask for assistancesa国际传媒� I have to have some confidence that if I grant an order itsa国际传媒檚 going to get dealt with and enforced by the government,sa国际传媒� said Hinkson. sa国际传媒淎nd if itsa国际传媒檚 not, why would I grant the order?sa国际传媒�

sa国际传媒淵ou ask us for assistance, and we give it, and you wonsa国际传媒檛 back the courts up,sa国际传媒� Hinkson added, saying that such a situation creates an issue of the reputation of the administration of justice.

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Morley said the government was seeking the injunction from the courts partly because the issues at stake are so fundamental, including religious freedom.

sa国际传媒淭his is not just a matter of somebody having a rave in their basement,sa国际传媒� Morley said. The government would feel free to crack down on that using its existing tools, he said.

sa国际传媒淭he difference here is there is a matter of principle that is being adjudicated before you,sa国际传媒� Morley told Hinkson.

He said that the church members are law abiding people and they have not said they wonsa国际传媒檛 obey a court order.

sa国际传媒淲ell, they havensa国际传媒檛 said they will, either,sa国际传媒� the judge replied.

There was no ruling by the end of the day, despite the fact that church could be held again on Sunday.

sa国际传媒淚 am not going to give judgment today,sa国际传媒� Hinkson said at the conclusion of the hearing.

sa国际传媒淚 am not condoning any breaches of any orders,sa国际传媒� he added, and said he will issue his ruling on the injunction at 10 a.m. on Wednesday, Feb. 17.