Pandemic Charges Against Ontario Pastor Dropped

A man walks past a COVID-19 restrictions sign during the COVID-19 pandemic in Mississauga, Ont., on Dec. 22, 2020. (The Canadian Press/Nathan Denette)

Pandemic-related charges against an Ontario pastor have been withdrawn at the request of the Crown attorneys in two cities last month, according to the Justice Centre for Constitutional Freedoms (JCCF).

In a news release on Feb. 22, the Justice Centre said charges against Aaron Rock, a lead pastor from Harvest Bible Church in Windsor, were dropped by Crown prosecutors in Windsor and Stratford on Feb. 6 and Feb. 16, respectively.

Rock was initially charged under the Reopening Ontario Act (ROA) in both jurisdictions for allegedly breaching COVID-19 restrictions set by the province. He was represented by the Justice Centre, which acted as his defence counsel.

The charges in Windsor on two counts pertained to allegations that the pastor hosted an in-person worship service on Dec. 20, 2020, that exceeded 10 people, which was forbidden by the Act.

According to the church’s news release on Dec. 24, 2020, Rock was informed by the Windsor police that he faced a potential jail term of one year and a fine ranging from $10,000 to $100,000.

Dr. Wajid Ahmed, the former medical officer of health with the Windsor-Essex County Health Unit, had said that day he wouldn’t recommend in-person gatherings of any kind even though the ROA allowed a maximum of 10 people—including attendees and staff—to attend religious services at the time.

“To keep everyone safe I recommend that faith leaders limit in-person services and opt for virtual services only,” he told CBC in a statement.

The church said in response that the banning of Christian worship was “discriminatory and unfair” as it noted “high ranking police officials and elected officials” attended public protests in the city during the spring of that year.

‘No Admission of Guilt’

JCCF said in its release that the primary evidence presented by the Crown was a video recorded outside the church. The video showed some individuals leaving the building, but they were not identified nor charged with any offence.

“Pastor Rock did not appear on the recording. The Crown agreed with defence counsel that there was insufficient evidence to prove the alleged breach of the ROA and withdrew both charges,” the Justice Centre said.

In Stratford, Rock was alleged to have spoken at a public gathering against Ontario’s COVID-19 measures.

“On that charge, Pastor Rock entered into a Diversion Agreement where he voluntarily made a modest charitable donation,” the release said.

“The charge was then withdrawn with no admission of guilt.”

Christopher Fleury, Rock’s lawyer, said in the release that “he is pleased to see that Crown Attorneys across the Province are taking a more reasonable and practical approach to prosecuting these types of offences.”

“There is at least some tacit acknowledgement among Crowns that the public interest in continuing to prosecute ROA breaches is minimal to non-existent,” the lawyer said.

Fleury added that the pastor is satisfied with the outcome of the charges and “will continue to fight one remaining charge in a third jurisdiction.”

The Windsor Star reported on Feb. 9 that Rock faces a provincial charge stemming from a religious gathering in Kitchener deemed illegal by authorities at which he and other pastors spoke out against lockdown restrictions.