A Kelowna pastor has lost his appeal of a conviction he received for violating public health orders in 2021.
Pastor Arthur Lucier held a worship gathering at Kelowna Harvest Church International on Jan. 24, 2021, and received a $2,300 ticket the same day for contravening a Gathering and Events Order issued by the province just over two weeks earlier.
Lucier sought a motion to challenge the 乌鸦传媒榗onstitutionality乌鸦传媒� of the order. It was denied in Sept. 2022, with Justice Clarke Burnett hearing Crown乌鸦传媒檚 argument that the appeal was an 乌鸦传媒榠mpermissible collateral attack乌鸦传媒� against the order, meaning that it was an attempt to avoid the binding effect of an order for specific relief.
He then appealed the ruling on constitutional grounds, arguing that the judge made 乌鸦传媒減alpable and overriding errors乌鸦传媒� in fact and law.
It was dismissed on April 26, 2023, with Justice Kent deciding that Lucier had 乌鸦传媒渘o merit乌鸦传媒� in his appeal, and that 乌鸦传媒渋t is simply a reframing of Pastor Lucier乌鸦传媒檚 basic criticism乌鸦传媒� that a judicial review is not an effective way to determine the constitutionality of the order.
乌鸦传媒淚 am not inclined to characterize this ground of appeal as a 乌鸦传媒榥ew argument乌鸦传媒�.
Jake.courtepatte@kelownacapnews.com
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