Pastor Tracy Fortin and Edmonton’s Church in the Vine have been acquitted by the Alberta Court of Appeal after being fined for obstructing a public health inspection while church was in service during the pandemic.
The decision quashes $80,000 in fines and was agreed to by both sides, according to the court documents.
The Democracy Fund (TDF), a Canadian charity that supported Ms. Fortin and the church, said the Alberta Crown relented that the charges were unlikely to be upheld.
“The Alberta Crown Prosecution Service conceded that the convictions could not stand in light of the Ingram decision,” a TDF news release said.
In the Ingram decision, the Court of King’s Bench in Alberta ruled that public health orders and restrictions that were given final approval by cabinet or committees rather than the chief medical officer of health were not valid.
TDF’s litigation director, Alan Honner, said the prosecutor did the right thing.
“The prosecutor did the right thing in conceding the acquittals,” said Mr. Honner. “An obstruction conviction should not stand where the underlying investigation was based on an invalid law.”
Attorney James Kitchen represented Ms. Fortin and the church in the initial trial and appeal. A leave to appeal to the Court of Appeal of Alberta was granted in May 2023, according to the news release.
“These acquittals would never have happened without the persistence of the pastor and her legal team,” said Mr. Honner. “We are very pleased with the final outcome.”
Ms. Fortin was charged with failing to allow a public health inspector into the church three times, on March 7, March 14, and June 6, 2021.
“On each occasion, the inspector was at the Church to determine compliance with Orders of the Chief Medical officer with respect to number of persons to be in the building at any given time, masking, and generally all orders given by the Chief Medical Officer with respect to COVID prevention,” one of the earlier court decisions said.
At the time, the province had restricted church gatherings to 15 percent of the building’s maximum occupancy as defined in the Alberta fire code.
The court document says the health inspector was denied entry to the building, but there were no further incidents. “These incidents did not last long. Both parties were polite to each other,” the court record said.
Other Charges Dropped
In a similar case, Pastor James Coates from Grace Life Church in Edmonton faced charges after his church remained open during the COVID-19 restrictions.Mr. Coates was arrested and held in jail on Feb. 16, 2021, and released a few weeks later on Mar. 22. During that time, Mr. Coates refused to sign a court order that he would follow the public health orders.
The charges were dropped in May 2021.
Additionally, charges were dropped against an Ontario pastor who attended a public rally during the pandemic when gathering restrictions were in place. The Justice Centre for Constitutional Freedoms said in a news release that charges against Henry Hildebrandt and his wife and son were withdrawn on Feb. 7, 2023.
Mr. Hildebrandt was charged after attending the “No More Lockdowns” rally in Brantford, Ont., in April 2021.
