Pastor of non-compliant Saint John church scheduled to appear in court Friday afternoon

The pastor of a shuttered Saint John church is scheduled to appear in court at 2 p.m. Friday.

Philip Hutchings, of His Tabernacle Family Church, is on the docket for the Court of Queen's Bench division.Exact details were not available from the court, but Hutchings and the church have been accused by Public Safety of flouting the province's emergency order.

According to an 80-page court file, the church first came to the province's attention in September when Hutchings posted on social media that his church would not require masks or proof of vaccination, and would not impose physical distancing or limit the number ofattendees.

On Sept. 24, the province's updated emergency order said churches must choose between requiring proof of vaccination or holding services at 50 per cent capacity with distancing, contact tracing lists and no singing. Masks are mandatory with either option.

The emergency order also gives peace officers the authority to enter any building without permission to ensure compliance with the rules.

On Oct. 1, Leanne Becker, an official with the Safer Communities section of Inspection and Enforcement NB, contacted Hutchings and informed him about the rules that were in place governing gatherings and the need for an operational plan.

He agreed to comply, according to the court file.

Two days later, another officer with the Safer Communities section attended Sunday service at the church. According to her affidavit, she was the only person wearing a mask. She said no one asked for proof of immunization, there was no social distancing, and there was congregational singing.

The officer left after about 10 minutes, saying she was uncomfortable "due to the COVID risks at this service."

On Oct. 6, Becker contacted Hutchings again and told him she wanted to serve him with a fine for non-compliance. He said he wouldn't be available until Oct. 12.

Becker then went to Hutchings' home in Quispamsis to give him the ticket in person. She rang the doorbell and, according to her affidavit, she said she could see a child of about three in the window, waving to her, but no one answered the door.

That afternoon, Becker intercepted Hutchings on the street outside the church, but he refused to speak to her when he found out she was from Public Safety. He walked away and into the building.

That evening, Becker and a uniformed peace officer attended the church on Rockland Road, accompanied by members of the Saint John Police Force.

A video posted by a church member shows a man trying to prevent the officers from entering, arguing that they would be trespassing.

The officers explain that, according to the Emergency Measures Act, peace officers are allowed to enter to ensure compliance with New Brunswick's new emergency order.

The officers entered without being invited. A second video shows very few people wearing masks, some are singing, and most aren't staying two metres apart.

As Beckerstood with the paperwork extended to Hutchings, he complained to a Saint John police officer that she was harassing him.

When Hutchings wouldn't take the paperwork from her, the police officer said, "Just put it on the floor. He's been served."

A copy of the ticket was provided to the court in the 80-page document. Hutchings was fined $580.50, payable at any Service New Brunswick location by Dec. 1.

On Oct. 8, the province went to court to get an "interlocutory order" to shut down the church. But that afternoon in the Court of Queen's Bench, Hutchings signed a consent order, agreeing to "make all reasonable efforts to ensure compliance" with the rules governing faith-based gatherings.

The agreement was to remain in effect until a hearing on the province's application under Section 55 of the Public Health Act can be heard.

• Saint John church can hold services after agreeing in court to follow the rules

Buttwo days after the agreement was signed, several officials with Public Safety visited the church during Sunday service on Thanksgiving weekend. They videotaped those entering the church and recorded licence plates.

The church appeared to have a tent set up outside to check the names of people arriving, but the vast majority of those entering and exiting the church were not wearing masks or physically distancing.

A post on Hutchings's Facebook page says his associate pastor was arrested. The post was accompanied by a video showing a man telling officers they couldn't enter the church. He was eventually led away by a uniformed officer.

The man was released with a promise to appear in court at a later time.

On Monday, Saint John Cornerstone Properties, the owners of the building at 348 Rockland Rd., were served documents to close the building "to public access until it is determined that His Tabernacle Family Church is willing to comply" withthe mandatory order.