5 Manitoba churches appeal to Supreme Court after losing challenge against COVID-19 restrictions

Five rural churches in Manitoba that hope to continue their legal battle against provincial COVID-19 public health orders in Canada's highest court say their case has national significance.

The churchesfiled an application to requestthe Supreme Court of Canadagrant an appeal after their challenge against a 2021 provincial court rulingwhich saidhealth restrictions were needed to curb the spread of COVID-19 and were permissible under the Charter of Rights and Freedomswas quashed by Manitoba's appeals court last June.

The case was first heard in May 2021 in the Manitoba Court of King's Bench, where lawyers for the churches arguedpublic health orders in 2020 and 2021 that temporarily closed in-person religious services, thenpermitted them with caps on attendance, violated their Charter rights.

"We hope that the Supreme Court of Canada agrees that constitutional issues surrounding closing churches and curbing outdoor protests during a pandemic are worth the court's attention and adjudication," Allison Pejovic, the lawyer representing the group, said in a Tuesday news release.

The churches' case provides an opportunity for governments faced with public health crises in the future to have "the appropriate juridical guidance from Canada's highest court" and ensure any imposedrestrictions are constitutionally justifiable, the application says.

A pastor, deacon and restrictions protester are listed as the applicants of the appeal as well asGateway Bible Baptist Church, Pembina Valley Baptist Church, Grace Covenant Church, Slavic Baptist Church and the Bible Baptist Church.

Two Morden churches involved in the Manitoba courtbattles the Redeeming Grace Bible Church and the Christian Church of Morden are not included in the application to the Supreme Court.

Dr. Brent Roussin, Manitoba's chief public provincial health officer, is listed as a respondent of the applicationalongside the province and Dr. Jazz Atwal, deputy chief provincial public health officer.

In his October 2021 decision, Manitoba Court of King's Bench Chief Justice Glenn Joyalsaidhe found that the province'spublic health orders were reasonable limitations on the group's Charter rights in the context of the pandemic, and that Manitoba's chief public health officer did have the authority to execute them.