New Brunswick has dropped two outstanding tickets against Saint John pastor Philip James Hutchings for allegedly violating COVID-19 public health orders and obstructing a peace officer while holding worship services last year at His Tabernacle Family Church.
The obstruction charge was laid after Hutchings, 41, allegedly refused to allow government inspectors to enter the church. A church director, Keith Cody Butler, also had an obstruction charge against him dropped in Saint John Provincial Court on Nov. 17.
Hutchings says the church tried to comply with public health orders by attempting to hold drive-in church services around June 2020, but they were physically blocked by authorities at one point. He told The Epoch Times that public health officers “surrounded our church and tried to block folks from coming into the driveway.”
Another time, says Hutchings, the government sent an undercover officer into the church, and reported that the congregation was singing.
“If liquor stores can stay open, if Cannabis New Brunswick can stay open, and Tim Hortons can stay open... if any place should stay open, it should be the church. We provide people hope,” he said.
The pastor says he tried to comply with public health orders, “as long as they didn’t conflict with our faith.”
Hutchings and Butler filed a charter challenge on May 3, arguing the public health orders and resulting tickets were an unjustified infringement of constitutionally-protected rights including freedom of religion, expression, assembly, and freedom against arbitrary search and seizure. As soon as the tickets were withdrawn, the charter challenge automatically ended.
Hutchings, a married father of three, pleaded not guilty to the tickets, which were issued in October 2021. He has been involved in multiple court hearings for the past 13 months.
There is an ongoing separate proceeding in the Court of King’s Bench on contempt of court charges, which has been subject to two successful appeals, says Jonathan Martin, legal counsel for the pastor and the church. The case will be in court on Dec. 20, and Hutchings will be asking for the matter to be dismissed.
Outdoor Tent Deemed ‘Indoor Space’
In November 2021, the Tabernacle church moved their meetings outside to a tent. Hutchings says to protect the equipment, they put it under a tent.“We just started having church outdoors. And with a tent, if it rains or snows, people are dry,” he said.
The government argued that an outdoor tent is an “indoor space,” and the pastor was charged with alleged contempt of court for holding church services in the tent.
At one hearing, the Crown argued church services could become “super spreader” events.
Hutchings said in an affidavit that it would be a “grave infringement” of his religious freedom, and the religious freedom of his congregation, to require proof of vaccination to attend church, and said he would not ask church members about their vaccine status.
“I made sure that masks were available. I didn’t police it. I’m not going to force people to wear masks. I’m a pastor, not a policeman,” he says.
Court transcripts allege that Hutchings signed the Consent Order for an injunction at a court hearing where he repeatedly asked for an adjournment, unrepresented by legal counsel, and had no opportunity for legal advice. The Justice would not grant him an adjournment. The Democracy Fund, a non-profit legal organization, funded the pastor’s legal representation.
In 2021, the N.B. government mandated public health orders regarding religious worship services. Churches were told they had to require proof of vaccination of their congregants, or limit their services to 50 percent capacity plus enforce social distancing, mandatory masks, contact tracing, and no singing. The province’s public health orders were lifted in March.
