Trial begins in southern Alberta churches' challenge of COVID-19 restrictions

The province's COVID-19 public health measures and other restrictions are at the centre of a civil trial set to begin Thursday morning.

The case stems from a constitutional challenged launched in December 2020 by Rath and Company and the Justice Centre for Constitutional Freedoms, representing two Alberta churches and three individuals.

They are seeking declarations that Alberta's public health orders are contrary to the Alberta Bill of Rights, unjustifiably limit Charter protected rights and are unlawful.

In December 2020, an Alberta judge dismissed a legal challenged filed by the plaintiffs, including Heights Baptist Church in Medicine Hat and Northside Baptist Church in Calgary, that argued the COVID-19 restrictions violate the Charter of Rights and should not have been imposed.

Lawyers were seeking an injunction to temporarily stay rules that included limits on church capacity and bans on social gatherings or in-person dining.

Court of Queen’s Bench Justice Anne Kirker rejected it, saying the risk of COVID-19 is real and that the public health measures were in the public's best interest.

The trial comes on the heels of the provincial government releasing plans to lift most COVID-19 restrictions by March 1.

The issue has become contentious with ongoing protests over vaccine mandates and other public health measures taking place near the the Coutts border crossing, in cities across Alberta, and the ongoing demonstrations in Ottawa.

The trial is scheduled for 10 days and gets underway Thursday morning.