Legal group threatens court challenge over right of Ontario Orthodox Jews to worship during pandemic

Orthodox Jews must pray several times per day, in groups of at least 10 males, in order to reach quorum for prayers

Tyler Dawson
National Post
May 29, 2020

EDMONTON — An Alberta-based legal group is threatening a court challenge to fight for the religious rights of Orthodox Jews in Ontario who, because of gathering-size restrictions, have been unable to properly worship during the pandemic.

The Justice Centre for Constitutional Freedoms, a conservative legal group, has been extremely active during the COVID-19 crisis, saying it’s pushing to maintain Charter rights even during a pandemic. The group has written to the Alberta government expressing concerns over pieces of legislation, has gone to court to fight restrictions on drive-in religious services in Ontario, and is now preparing legal documents concerning the remaining Ontario restrictions on religious gatherings.

“The Ford government has been slow to make reasonable accommodations for faith groups, even where they present little or no public health risk, and even as the province is beginning to open up,” said lawyer Lisa Bildy in a statement to the Post.

In Ontario, hundreds of pastors and other religious leaders signed a letter to Premier Doug Ford sent on May 11 asking for changes to the rules for religious groups, pointing out that, “never in 1,500 years of Western history has the Church of Jesus Christ not met for Easter or missed months of worship and ministry — even in times of war or plague far more devastating than COVID-19.”

“The inhumanity of abandoning people in their deepest hour of grief or need is gut-wrenching for followers of Christ,” the letter says.

Since that letter, there have been some changes: drive-in services are now allowed, for example. But, On May 22, four Toronto rabbis followed up with another letter, addressing the specific ways in which Orthodox Jews are affected by the rules. They say they haven’t been helped by the government allowing drive-in services, while in-person gatherings remain capped at five people. (The National Post was unable to reach the four signatories on Friday).

“When violating any Charter freedom, a government must prove that such violations are demonstrably justified. The more we learn about this virus, and the longer these infringements on Canadians’ civil liberties go on, the less likely governments will be able to meet that test,” wrote Bildy.

Orthodox Jews must pray several times per day, in groups of at least 10 males, in order to reach quorum for the prayers. In Ontario, indoor gatherings are capped at five people, preventing Orthodox Jews from meeting their religious obligations.

“There is no constitutional right to buy liquor and marijuana, but there is a constitutional right to worship and to assemble to practice one’s faith,” the letter says. “People are permitted to ‘gather’ at golf courses, beaches and stores in numbers greater than five, but not in prayer. This is unacceptable.”

Even with the loosening of rules, that doesn’t help, said the rabbis who signed the letter.

People are permitted to 'gather' at golf courses, beaches and stores in numbers greater than five, but not in prayer. This is unacceptable



“We are an Orthodox faith that does not permit driving on the Sabbath,” the rabbis’ letter says.

The Ontario premier’s office said in a statement they haven’t been served with any court documents, but “as the matter may be before the Courts, it would be inappropriate to comment further.”

Nearly half of all Canadian Jews live in Toronto, while another quarter live in Montreal, meaning that most Jews in Canada are subject to the rules of Ontario and Quebec. Other cities across the country have Jewish communities, but none make up double-digit percentages of the overall Jewish population in Canada.

Elsewhere in the country, governments have taken differing approaches to worship services.

In Alberta, during phase one of the United Conservative government’s “relaunch” strategy, worshippers are allowed to gather in groups of 50, or one-third of the capacity of the building, whichever ensures fewer people. In British Columbia, indoor events can also have 50 people; in the case of a drive-in event, such as a church service, there may be 50 vehicles present.

Saskatchewan has capped gatherings — indoor and outdoor — at 10 people. Quebec lists reopening of worship services in the “subsequent” phase of its reopening plan, somewhere down the line, with no set date.

https://nationalpost.com/news/legal-group-threatens-court-challenge-over-right-of-ontario-orthodox-jews-to-worship-during-pandemic