Pastor Tim Stephens, the leader of Fairview Baptist Church, was charged in early 2021 after a series of alleged violations of the province’s public health orders.
His trial on the matter, which took place on September 15, was heard by two peace officers – Kathryn Thorpe and Jace Taylor – who attended the Stephens church on February 28 and March 7, 2021.
The interactions resulted in Stephens being served two violation tickets, but the judge presiding over the case found the pastor not guilty of the offenses.
Justice AA Fradsham’s judgment, which was released on Tuesday, said officials observed Stephens and some members of his congregation breaching certain health measures in place at the time.
According to the document, church members were sitting “close together,” comparing the scene to an airplane cabin.
“No seating areas were blocked off, nor was there signage directing pedestrian traffic, as is commonly seen during the pandemic,” Fradsham wrote.
“Officer Thorpe said the church was ‘full’ of people, standing side by side ‘shoulder to shoulder’ with Pastor Stevens at the front.”
In the second case, attending officers again saw violations of public health orders by Alberta’s Chief Medical Officer of Health.
“Very few people were wearing masks,” Fradsham said, adding that officers took photos during their searches, which lasted only a few minutes each.
Fradsham said about a week after the second visit, Thorpe visited Stephens at his home and handed him two violation tickets for “social distancing rules.”
The trial concluded with testimony from Stephens, who said he felt it was not his place “to impose the rules of COVID on his church.”
“He thought his role was to let people know the rules and let people make their own choices,” he said.
Supporters of Pastor Tim Stephens sing hymns and pray outside the Calgary Courts Center in Calgary, Alta., Monday, May 17, 2021. (THE CANADIAN PRESS/Jeff McIntosh)
While Fradsham said Stephens admitted to not following public health measures for COVID-19, there was no “legal obligation for Pastor Stephens to ensure, compel or encourage compliance” of his church members.
Fradsham also found that there was no evidence that Stephens himself did not maintain physical distance during services on the dates of the investigations.
“On both dates, Pastor Stephens was alone in the front of the church. There was no evidence on either date as to the distance between Pastor Stephens and other people.”
Stevens, in a statement to CTV News, said the decision was “vindication” for him and what he calls a “gross” abuse of power by the government.
“Certainly, the enforcement that was taken against me and our church was about compliance,” he said.
“Unfortunately, even with this decision, I believe many have lost faith in our government that has protected hard-line freedoms in recent years.”
