On Wednesday, the Justice Centre for Constitutional Freedoms (JCCF) issued a news release claiming a win in the case of GraceLife Church Pastor James Coates, who has been jailed since mid-February after being charged with breaches of the Public Health Act
Pastor James Coates: Screenshot of GraceLife Church video.PST
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An Edmonton-area pastor accused of violating COVID-19 health restrictions will likely be released from jail this week after prosecutors agreed to withdraw one of the charges against him, his lawyers say.
On Wednesday, the Justice Centre for Constitutional Freedoms (JCCF) issued a news release claiming a win in the case of GraceLife Church Pastor James Coates, who has been jailed since mid-February after being charged with breaches of the Public Health Act.
Court records show none of the charges have been formally withdrawn. JCCF president John Carpay said the JCCF issued the release after the Crown agreed to a joint submission, which has yet to be formally accepted by a judge.
That submission, as Carpay described it, would see one of two Public Health Act charges Coates faced withdrawn. The other count is slated for trial in May. A single criminal charge of failing to comply with an undertaking would be resolved with a $100 fine, Carpay said.
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I hope that the courage displayed by Pastor James Coates will be emulated by many, many people, Carpay said in an interview. I hope that people will recognize that its the Charter that is the supreme law of the land not Jason Kenney, not Deena Hinshaw, not the police force.
GraceLife has been accused of repeatedly holding services without capacity restrictions, social distancing or face coverings, in violation of COVID-19 health restrictions.
Coates was eventually charged under the Public Health Act but continued to hold services, in violation of his bail conditions (Coates maintains he did not agree to the condition, which required he not hold in-person worship services).
The pastor intends to take the remaining Public Health Act charge to trial in May to determine the constitutionality of the public health order that churches only hold worship services at 15 per cent capacity, the JCCF said in a news release.
Carpay said he hopes Coates will be released from the Edmonton Remand Centre this week.
Do we know 100 per cent for sure? No, we wont know until weve had a ruling from the judge, Coates said, adding the case is next in court Friday.
He added that if Coates is released, he expects he will preach at church on Sunday.
It would be rather strange if he didnt go to church.
The church itself was charged as an entity last week. Carpay said there has been no change in those charges.
The Alberta Crown Prosecution Service declined to comment, stating the case remains before the courts. It noted the service is independent from government.
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Hundreds of churchgoers defied Alberta government pandemic health restrictions and flocked to GraceLife Church on March 14, 2021.Photo by Larry Wong /Postmedia
Trial on remaining charge set for May
NDP Opposition Leader Rachel Notley called Coates and GraceLifes actions selfish, saying the decision to flout the public health measures puts the congregation and other community members at risk.
She added the restrictions depend on people making choices for the benefit of their neighbours, as opposed to the benefit of themselves. I have spoken with many leaders faith leaders, religious leaders and faith communities who see that principle as being fundamental to what they believe in.
Eric Adams, a law professor at the University of Alberta, said constitutional scholars generally agree that public health orders have a strong justification under Section 1 of the Charter.
The only real question is the strength of the consensus, he said. Its not universal. There are those who wonder about restrictions on religious gatherings in particular. And there would be some who would question whether or not the government has produced sufficient evidence or data to support the strictness of these (restrictions).
As you drill into particular measures particular restrictions at particular points of the crisis then you might begin to find people that disagree with one another about whether that specific restriction is constitutional, or strikes the right balance.
On Wednesday afternoon, RCMP issued a news release saying they do not have the authority to close down an establishment for violating public health rules.
Any public health-related enforcement against non-compliant establishments lies with AHS. The Alberta RCMP is a steadfast partner in this health crisis and continues to support AHS in any future enforcement they pursue.
Coates trial is scheduled to run May 3-5 in Stony Plain.
with files from Lisa Johnson
jwakefield@postmedia.com
twitter.com/jonnywakefield
Supporters of jailed Pastor James Coates march outside the Edmonton courthouse where he was scheduled for a hearing regarding his bail release conditions, Thursday March 4, 2021.Photo by David Bloom /Postmedia
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