COVID-19 restrictions imposed on places of worship were often more stringent than those applied to retail and liquor stores, despite the fact that the freedom of conscience and religion is a fundamental freedom, says a think tank calling for an update to Ontario’s Emergency Management and Civil Protection Act.
“For many religious traditions, public or communal worship is fundamental not optional,” Bennett said in the release. “Governments, of course, may restrict gatherings and limit freedoms during emergencies, like a pandemic. But limits on houses of worship need to be proportionate to limits on other gathering places.”
The authors cited the example of Toronto’s St. Michael’s Cathedral Basilica, which, if the government of Premier Doug Ford had not restricted it to 10 people, would have been able to accommodate 300 people, or 25 percent of its maximum capacity of 1,200 people at any one time for weddings, funerals, and religious services, rites, or ceremonies.
The brief, which examined the restrictions and “differential treatment” faced by faith communities, said provincial officials failed to distinguish the differences between communal worship and retail activities.
“Fundamental freedoms are the highest order of rights, while other activities, such as shopping or purchasing alcohol, are not constitutionally guaranteed.”
Bennett and Sennyah recommended amending Ontario’s Emergency Management and Civil Protection Act by creating a distinct category for the treatment of religious services, rites, and ceremonies, including weddings and funerals.