An attempt by a Kelowna church leader to challenge the ticket he got when he broke pandemic-related gathering orders in B.C.’s highest court has been quashed.
Arthur Charles Lucier filed an application to appeal a decision by a Provincial Court Judge upholding a $2,300 violation ticket that he got Jan. 24, 2021. He held an in-person worship session contrary to the gathering and events order in place during the pandemic.
The ticket was one of several Lucier was issued under the Emergency Program Act.
Lucier contended that it was unconstitutional, infringing on rights under the Canadian Charter of Rights and Freedoms.
“In my view, the salutary effects of the PHO’s orders outweighed the harm they caused,” Justice Gregory Fitch. wrote in his decision. “They have been shown to be necessary to promote public health, minimally impairing in their effects, and to reflect a proportionate balancing of the competing interests at stake.”
Responding to the appeal, Justice Mary Saunders explained a party is not entitled to relitigate an issue decided by a higher court. “Lucier does not present a basis…required by the jurisprudence…to justify a rehearing and presentation of new evidence in the trial court on a point already decided,” Saunders explained.
“I conclude it is not in the interests of justice to grant leave to appeal. On these considerations, the application is dismissed.”
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