Hundreds watch bail review for GraceLife pastor jailed for COVID-19 violations; decision expected Friday morning
In an unusual move, she asked to appear simply as a “public health prosecutor” rather than by name, citing “some security (issues) that have arisen on this matter.”
Jonny Wakefield POSTMEDIA
3/4/2021
© Provided by Edmonton Journal Followers of Pastor James Coates gather outside the Edmonton courthouse where he was scheduled for a hearing regarding his release conditions. Coates is in remand after failing to comply with public health regulations at his GraceLife Church near Spruce Grove.
An Edmonton judge will rule Friday morning whether a pastor jailed after breaching COVID-19 health restrictions should remain behind bars pending trial.
Court of Queen’s Bench Justice Peter Michalyshyn heard arguments Thursday afternoon from lawyers for James Coates, the GraceLife Church pastor who has spent the past two weeks in the Edmonton Remand Centre.
Earlier this year, Coates was charged under the Public Health Act for holding worship services in contravention of COVID-19 restrictions.
The rules restricted gatherings to 15 per cent of a building’s fire capacity and required enforcement of physical distancing rules.
Coates was jailed last month for allegedly failing to comply with an undertaking requiring him to abide by the Public Health Act. The church has continued to hold services in his absence.
Dozens of supporters gathered outside the Edmonton courthouse Thursday morning, many of whom did not wear face masks. More than 350 attended the hearing via the court’s web conferencing software. Some failed to mute their microphones, leading to frequent disruptions.
© Provided by Edmonton Journal Followers of Pastor James Coates gather outside the Edmonton courthouse where he was scheduled for a hearing regarding his release conditions. Coates is in remand after failing to comply with public health regulations at his GraceLife Church near Spruce Grove.An Edmonton judge will rule Friday morning whether a pastor jailed after breaching COVID-19 health restrictions should remain behind bars pending trial.
Court of Queen’s Bench Justice Peter Michalyshyn heard arguments Thursday afternoon from lawyers for James Coates, the GraceLife Church pastor who has spent the past two weeks in the Edmonton Remand Centre.
Earlier this year, Coates was charged under the Public Health Act for holding worship services in contravention of COVID-19 restrictions.
The rules restricted gatherings to 15 per cent of a building’s fire capacity and required enforcement of physical distancing rules.
Coates was jailed last month for allegedly failing to comply with an undertaking requiring him to abide by the Public Health Act. The church has continued to hold services in his absence.
Dozens of supporters gathered outside the Edmonton courthouse Thursday morning, many of whom did not wear face masks. More than 350 attended the hearing via the court’s web conferencing software. Some failed to mute their microphones, leading to frequent disruptions.
© David Bloom Supporters of jailed Pastor James Coates march outside the Edmonton courthouse where he was scheduled for a hearing regarding his bail release conditions on Thursday, March 4, 2021.
James Kitchen, a lawyer with the Justice Centre for Constitutional Freedoms, said the undertaking Coates was asked to sign was a violation of his religious beliefs. He said Coates did not sign the undertaking because of an “inability” to agree to the conditions imposed on him.
“This is a matter of deep, deep personal conscience,” said Kitchen. “He is unable to disobey the God that he believes in.”
Kitchen said if his client is released, “he’s not going to hurt anybody, the only thing that will happen is he holds church again.”
He called the jailing of a pastor for holding religious services a “stain on the administration of justice.”
He added that even if Coates is convicted of the public health charges, jail time is not an available punishment under the act. He called the idea that the COVID restrictions are constitutional “suspect at best.”
James Kitchen, a lawyer with the Justice Centre for Constitutional Freedoms, said the undertaking Coates was asked to sign was a violation of his religious beliefs. He said Coates did not sign the undertaking because of an “inability” to agree to the conditions imposed on him.
“This is a matter of deep, deep personal conscience,” said Kitchen. “He is unable to disobey the God that he believes in.”
Kitchen said if his client is released, “he’s not going to hurt anybody, the only thing that will happen is he holds church again.”
He called the jailing of a pastor for holding religious services a “stain on the administration of justice.”
He added that even if Coates is convicted of the public health charges, jail time is not an available punishment under the act. He called the idea that the COVID restrictions are constitutional “suspect at best.”
© Provided by Edmonton Journal GraceLife Church in Parkland County defied Alberta government public gathering restrictions on Feb. 21, 2021, and held a church service where almost 300 people attended, many without face masks and ignoring social distancing regulations.
The prosecutor on the case, who concluded her submissions in less than a minute, told Michalyshyn that the only issue before him is whether there were legal errors in the original bail decision. She maintains there were none.
In an unusual move, she asked to appear simply as a “public health prosecutor” rather than by name, citing “some security (issues) that have arisen on this matter.”
Michalyshyn is expected to deliver his decision on Coates’ bail Friday at 9 a.m. The pastor’s trial is set to run May 3-5 in Stony Plain.
jwakefield@postmedia.com
The prosecutor on the case, who concluded her submissions in less than a minute, told Michalyshyn that the only issue before him is whether there were legal errors in the original bail decision. She maintains there were none.
In an unusual move, she asked to appear simply as a “public health prosecutor” rather than by name, citing “some security (issues) that have arisen on this matter.”
Michalyshyn is expected to deliver his decision on Coates’ bail Friday at 9 a.m. The pastor’s trial is set to run May 3-5 in Stony Plain.
jwakefield@postmedia.com
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