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 含羞草研究社榗onstitutionality含羞草研究社� of the order. It was denied in Sept. 2022, with Justice Clarke Burnett hearing Crown含羞草研究社檚 argument that the appeal was an 含羞草研究社榠mpermissible collateral attack含羞草研究社� 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 含羞草研究社減alpable and overriding errors含羞草研究社� in fact and law.
It was dismissed on April 26, 2023, with Justice Kent deciding that Lucier had 含羞草研究社渘o merit含羞草研究社� in his appeal, and that 含羞草研究社渋t is simply a reframing of Pastor Lucier含羞草研究社檚 basic criticism含羞草研究社� that a judicial review is not an effective way to determine the constitutionality of the order.
含羞草研究社淚 am not inclined to characterize this ground of appeal as a 含羞草研究社榥ew argument含羞草研究社�.
Jake.courtepatte@kelownacapnews.com
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