All charges against Fairview Baptist Church linked to violations of Public Health Orders have been officially withdrawn by Crown prosecutors.
The Justice Centre for Constitutional Freedoms made the announcement on Tuesday.
Earlier in 2021, Pastor Timothy Stephens and Fairview Baptist Church faced charges for contravening Public Health Orders such as gathering limits, masking, and social distancing mandates.
Subsequently, a restraining order was issued by Associate Chief Justice John Rooke of the Alberta Court of Queen’s Bench, initially applicable not just to the Whistle Stop Café but also to independent actions across Alberta.
“Despite these changes, Pastor Stephens was arrested on May 16, 2021, at Fairview Baptist Church under the pretext of an overly broad restraining order. Pastor Stephens endured 18 days in custody before being released upon the lifting of provincial gathering constraints on July 1, 2021. Four of the original charges were subsequently dropped by the Crown,” the JCCF stated.
Pastor Stephens faced trial on September 15, 2022, for the remaining charges of breaching public health orders. However, on November 1, 2022, Judge Allan Fradsham determined Pastor Stephens to be not guilty of these charges.
And on Tuesday, the Crown withdrew all charges against Fairview Baptist Church.
The JCCF further noted the relevance of a previous court decision, Ingram v. Alberta. The decision in Ingram v. Alberta affirmed that only the Chief Medical Officer of Health, not the Alberta Cabinet, holds the authority for public health order decisions.
Justice Barbara Romaine underscored the balance between elected officials’ involvement and the Chief Medical Officer’s qualified judgment.
Legal lessons
Last month, former MP Derek Sloan and MPP Randy Hillier, both represented by the JCCF, saw their charges dropped. The pair had been facing penalties for their participation in a rally against Covid-19 lockdown measures in April 2021.
