Springs Church not exempt from public health orders for drive-in service, court rules

A Manitoba court has ruled that a Winnipeg church will not be exempt from public health orders and is not permitted to hold drive-in worship services.

Court of Queen’s Bench of Manitoba Chief Justice Glenn Joyal denied Springs Church’s application to hold services in the parking lot of its Lagimodiere Boulevard location and to pause public health order enforcement.

“These orders necessarily restrict rights … in order to prevent death, illness and the overwhelming of the public health system in Manitoba,” Joyal said in a rare Saturday court hearing.

Springs Church and two of its pastors have been fined more than $32,000 for allowing the services, which are banned under Manitoba’s current public health order aimed at curbing the spread of COVID-19.

The order, which is set to expire on Dec. 11, requires places of worship to be closed to the public. Other strict conditions include prohibiting the sale of non-essential items in stores and a ban on visitors in private homes.

The health order allows religious leaders to hold services over the internet or “other remote means,” but doesn’t allow drive-in services.

The church’s lawyer, Steve Robertson, argued that remote services would cause irreparable harm to the congregants, adding that “community is the backbone of religion.”

Police have fined Springs Church more than $32,000 for breaking public health orders. (Walther Bernal/CBC)

In addition, Robertson debated the definition of “assembly,” saying it’s “absurd” that public health orders allow Manitobans to wait in their cars in drive-thru lines and park in parking lots to get groceries, but not to attend church.

Heather Leonoff, who represented the province, argued that approving Springs Church’s exemption would set a dangerous precedent.

Joyal agreed, saying it could cause a “cascade” of religious organizations seeking to be excused from the public health order.

“It would be unfair to other religious organizations if [Springs Church] was the only religious organization provided an exemption, while other religious organizations have to abide by the rules,” he said.

Joyal said Robertson and the church could not provide evidence of why the drive-in service is necessary. While remote services are perhaps not as community-oriented, he said, the differences aren’t significant enough to exempt the church.

Joyal did not address any alleged charter violations on Saturday, saying that will be adjudicated, if necessary, at a later date.