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“It is clear that the fine must be substantial,” wrote Alberta Provincial Court Judge Shelagh Cree. “It should be a deterrent, not a license fee.”
Publication date:
July 15, 2022 • 18 hours ago • 2 minutes read • 27 comments Photo inside Church in the Vine Posted on Facebook by Leonardo Lindström on Dec 21, 2020
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An Edmonton church and one of its co-pastors have been fined $80,000 after Alberta health inspectors were repeatedly denied entry to the building last year.
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Church in the Vine of Edmonton, along with its co-pastor Tracy Fortin, were found guilty in May of three counts of obstructing an inspector who wanted to check that masking and social distancing rules were being followed.
“It is clear that the fine must be substantial,” Alberta Provincial Court Judge Shelagh Cree wrote in handing down the sentence. “This should be a deterrent, not a license fee.
“These crimes are very serious.”
The church and Fortin were fined a combined $65,000, as well as a court-ordered $15,000 victim surcharge.
The Crown wanted fines of up to $120,000. Defense attorney James Kitchen was pushing for a total fine of $12,000.
He added that his clients intend to appeal the decision, but declined further comment.
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An inspector visited the church for the first time in late 2020 amid the second wave of the pandemic, in which nearly 1,700 Albertans will die from COVID-19, after complaints that masking rules were not being followed.
She contacted the church in an attempt to schedule an inspection, but was unsuccessful.
The inspector returned on 7 March, 14 March and 6 June, but was denied access by Fortin on each occasion.
At the time, public health orders limited church attendance to 15 percent of operating capacity and mandated that everyone there wear a mask.
The decision notes that in all three cases the inspector left after a firm but polite refusal.
“It wasn’t accompanied by things that unfortunately are sometimes seen, like violence or threats.”
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Lawyers for Fortin and the church argued the building was a private place, not a public one, and therefore the province’s health orders did not apply there.
Shelagh rejected that argument, saying that while places of assembly are not specifically listed in the Alberta Health Act, they are still public places.
“The church, as a place of assembly, is a public place within the meaning of the law. It’s definitely not a private place.”
At the sentencing, Creagh noted that the church’s income is entirely from donations, but also noted the seriousness of the prolonged COVID, as well as the “ongoing effects” on our health care system.
Fortin and the church were given until August 31 to pay the fines.
mblack@postmedia.com
Twitter @ByMatthewBlack
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