Calgary pastor accused of breaking COVID-19 rules acquitted

The Fairview Baptist Church is seen in Calgary, Alta., Monday, May 17, 2021. The church's pastor, Tim Stephens, was acquitted on Nov. 1 of two Public Health Act violations that were given to him following a pair of investigations by Calgary bylaw officers in February and March 2021. THE CANADIAN PRESS/Jeff McIntosh

A pastor of a church in southeast Calgary has been acquitted on the charges that were levelled against him in connection with a series of investigations that took place during the COVID-19 pandemic.

Pastor Tim Stephens, the leader of the Fairview Baptist Church, was charged in early 2021 following a number of alleged violations of the province's public health orders.

His trial on the matter, which took place on Sept. 15, heard from two peace officers – Katherine Thorpe and Jace Taylor – who attended Stephens' church on Feb. 28 and March 7, 2021.

The interactions resulted in two violation tickets being handed to Stephens, but the judge presiding over the matter found the pastor not guilty of the offences.

The court decision from Justice A.A. Fradsham, which was released Tuesday, said that the officials witnessed Stephens and a number of members of his congregation in violation of a number of COVID-19 health measures in place at the time.

According to the document, members of the church were seated "close together," comparing the scene to an airplane cabin.

"No seating areas were blocked off, nor was there signage directing pedestrian traffic as commonly seen during the pandemic," Fradsham wrote.

"Officer Thorpe said the church was 'full' of people, standing beside each other 'shoulder to shoulder' with Pastor Stephens at the front."

On the second occasion, the attending officers again saw violations of the public health orders from Alberta's Chief Medical Officer of Health.

"Very few people were wearing masks," Fradsham said, adding the officers took photos during their investigations, which only lasted a few minutes each.

Fradsham said about a week after the second visit, Thorpe visited Stephens at his home and handed him two violation tickets for "social distancing rules."

The trial concluded with testimony from Stephens, who said he felt it was not his place "to enforce COVID rules among his congregation."

"He believed his role was to inform people of the rules, and allow people to make their own choices," he said.

Supporters of Pastor Tim Stephens sing hymns and pray outside the Calgary Courts Centre in Calgary, Alta., Monday, May 17, 2021. (THE CANADIAN PRESS/Jeff McIntosh)

While Fradsham said Stephens admitted to not following the COVID-19 public health measures, there was no "legal obligation on Pastor Stephens to ensure, compel or encourage compliance" of the members of his congregation.

Fradsham also found there was no evidence that Stephens himself did not maintain physical distancing during the services on the dates of the investigations.

"On both dates, Pastor Stephens was alone at the front of the church. There was no evidence in respect of either of the dates as to the distance between Pastor Stephens and other people."

Stephens, in a statement to CTV News, said the decision was "vindication" for him and for what he calls the government "grossly" abusing power.

"To be sure, the enforcement action taken against me and our church was all about compliance," he said.

"Sadly, even with this decision, I believe many have lost faith in our government protecting hard fought freedoms over these past few years."