The Aylmer church that continues to defy provincial pandemic restrictions by holding in-person services has been hit with $66,000 in new fines.
The latest fines are in relation to a May 16 outdoor gathering at the Church of God Restoration, which was held just two days after a judge ordered the doors to the place of worship locked. More than 400 people reportedly attended the service, none wearing face coverings or maintaining physical distance.
Ordered back to a St. Thomas court on Monday, the church's defence lawyer Lisa Bildy referred to Ontario's COVID-19 rules as being "destructive to liberal democracy." She claimed there has not been any evidence to suggest the continued meeting of the congregation has led to any illnesses or outbreaks over the last year. Bildy went on to call the fines proposed by Crown attorney Lisa Brost "oppressive", noting the church does not have the money to pay them as they have not been fundraising.
Brost, who said the church intentionally violated provincial orders, had asked the court to impose fines of $50,000 against the church corporation, $20,000 for pastor Henry Hildebrandt, $6,000 for associate pastor Peter Wall, and $5,000 in legal fees. She also asked the court to not allow the church to reopen until the fines are paid in full.
She noted remarks by Hildebrandt during the May 16 service proved his defiance.
"I am not locked down this morning," Hildebrandt told the crowd from his makeshift stage. "What we are facing behind me are the locked doors that somebody thought they had the authority to lock and we are here because we have the authority of God on our side.”
The church has held two more large outdoor services since then. The latest held on Sunday saw close to 300 people in attendance. Aylmer police have obtained footage of the large gathering and anticipate more charges will be laid as a result of it.
In delivering his decision on Monday, Superior Court Justice Bruce Thomas said "we have been down this road before."
“Much of my previous reasons for contempt and the sanctions granted then apply here, except of course most of the mitigating factors have evaporated with the continued activity,” said Thomas.
He stated the defence's sentiment was that there are numerous people and groups defying the pandemic laws and the church is being picked on.
"That argument, quite frankly, is more fitting for the schoolyard than it is for the courtroom,” Thomas said.
He went on to call the church's actions brazen and self-promoting acts of breach of the court order. He stated there are "consequences that must flow from that.”
In the end the church corporation was fined $35,000, the same amount as on May 14. Hildebrandt and Wall saw fines of $20,000 and $6,000 and another $5,000 in legal fees was added.
In his May 14 decision, Thomas fined the church corporation $35,000, Hildebrandt $10,000, and Wall $3,000 for civil contempt convictions related to a large April 25 gathering. He also ordered the exterior doors of the church locked.
He said on Monday, the church can apply to have the building unlocked once provincial restrictions have been lifted.
