COVID-19 and Religious Freedom in Canada

Abstract

In Canada, constitutional litigation arising from restrictions on worship and religious gatherings during the COVID-19 pandemic has yielded vindication for state authorities. To date, religious claimants in Canada have lost in every case where they have challenged the constitutionality of restrictions on these activities under the Canadian Charter of Rights and Freedoms.1 This result invites closer scrutiny. The Canadian provinces in which court rulings have been issued on this matter featured differing public health rules for worship and religious gatherings. While most provinces went no further than altering capacity limits and requiring physical distancing and masks, British Columbia prohibited in-person worship for several months across the province. Even among the provinces where capacity limits were the standard approach, there has been much variety when it comes to the size of permitted gatherings. Some of these provinces have opted for rules that apply throughout the province. Other provinces have opted for a region-by-region approach. This article will pay particular attention to the situation in British Columbia given that it was the most severe restriction on religious freedom in the country, both in nature and duration, and because litigation arising from this restriction is ongoing.2 It also seems intuitive to say that religious claimants should stand the best chance of success in court in this case. If the claimants in British Columbia fail, it is hard to imagine similar claimants faring better in other parts of Canada.