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CALGARY, Alberta, May 28, 2021 (LifeSiteNews) — A lawyer for a Canadian health agency presented as evidence in court a sermon given by a Canadian pastor about resistance to government tyranny as a form of “proof” that he broke a court order which allowed the arrest of anyone caught breaking COVID rules in the province of Alberta.
According to a Rebel News report, Alberta Health Services (AHS) lawyer John Siddons claimed that pastor Artur Pawlowski’s sermon “about the early Christians’ resistance to government tyranny on May 8,” was a form of “[proof] of his contempt of the May 6 court order.”
Pawlowski was jailed for over two days in early May for holding church services at his Cave of Adullam church, in Calgary, Alberta, in violation of COVID-19 rules put in place by the Alberta government under Premier Jason Kenney.
In court on Wednesday, a judge heard two contempt of court applications filed by Alberta Health Services (AHS), which asked that Pawlowski be found guilty of breaking court orders.
A live tweet of the hearings was presided over by Alberta Justice Adam Germain and posted by Rebel News.
AHS argued that Pawlowski should be found in contempt of court for having breached an April 23 court order, which Pawlowski’s lawyer Sarah Miller said was obtained in secret, and a May 6 court order which was issued to the Alberta population at large, giving police the power to arrest anyone not obeying COVID rules.
Regarding the April 23 court order, Miller said the order was given to him without notice, and he was only given minutes to comply with it, with police right at the door of his church.
A video of the April 24 interaction between Calgary Police, AHS, and Pawlowski shows him saying to officials that he does “not cooperate with the Gestapo,” “I do not talk to the Nazis,” and to “talk to his lawyer.”
In late April Pawlowski was served with the warrant dated April 23, which said he must allow health officials to inspect the church. The video shows a public health inspector hand him a document for the COVID-19 health visit.
The warrant signed by a judge gave Calgary police and AHS public health officials virtually unfettered access to his church, even during religious services.
However, section 176 of the Criminal Code of Canada makes it a crime to interrupt a church service, and also to arrest an “an officiant” when he is returning home from a service.
AHS lawyer Jennifer Jackson argued at Wednesday’s hearing that AHS officials were met with “violent and abusive language.”
Miller countered that Jackson failed to state in her court submission that the April 23 order was done in secret, and that it was for safety reasons, saying, “There is no evidence that Mr. Pawlowski would cause prejudice to AHS.”
Miller went on to note that Pawlowski “can do nothing more to purge his contempt. For 2 weeks following this, Pawlowski told congregants to not interfere with AHS. However, AHS never came,” according to the Rebel News report.
Justice Germain said that a decision for Pawlowski’s April 23 contempt hearing will be made on June 28, and that the pastor must appear in person that day. If found guilty of being in contempt of the court order, a sanction hearing will be held at a yet to be determined date.
To contribute to Pastor Pawlowski’s legal expenses, donate at LifeFunder.
After a court recess, the court readjourned again Wednesday to hear a second contempt application regarding the May 6 court order.
Alberta Health Services (AHS) obtained the court injunction against all “organizers of advertised illegal gatherings and rallies breaching COVID-19 public health orders,” which allowed them to arrest and charge anyone associated with such gatherings.
Pawlowski and his brother were arrested on May 8 under this order.
The JCCF said that AHS has obtained their May 6 injunction against the Whistle Stop Café and other individuals in a “secret court proceeding” which gave police “special powers to arrest its owners and other citizens immediately if they dared to continue exercising their Charter rights and freedoms in the face of public health orders.”
The May 6 injunction was originally worded to apply to every Albertan, with AHS stating in a May 6 news release that they were happy with the news.
AHS lawyer Siddons used as evidence against Pawlowski the sermon he gave about resistance to government tyranny to argue that he had broken the court order.
Pawlowski’s lawyer Miller said that AHS gave no explanation as to what the May 6 order meant, and that he only heard about the order in a media announcement.
“That’s not knowledge of the order, and that’s not notice. To find contempt order needs to be clear and any ambiguities are found in favor of the respondent,” Miller said, as paraphrased by Rebel News.
Miller stated that a contempt application against Pawlowski from breaching the May 6 order “must fail” due to it being hinged on an order which was meant to apply to the general Alberta population.
A decision on the second contempt application will be handed on out June 28.
Alberta is the only provincial government in Canada which has jailed three Christian pastors because they defied COVID-19 health rules.
The latest pastor to be jailed for defying COVID-19 rules, Tim Stephens, was released earlier this week.
Under its Premier Jason Kenney, Alberta churches are again allowed to operate at 15 percent capacity starting today.
To contribute to Pastor Pawlowski’s legal expenses, donate at LifeFunder.
Contact information
Premier of Alberta Jason Kenney
Office of the Premier
307 Legislature Building
10800 – 97 Avenue
Edmonton, Alberta T5K 2B6
Email: [email protected]
Phone: 780-427-2251
To contact your local MLA, visit the link below:
https://www.assembly.ab.ca/members/members-of-the-legislative-assembly