This past Sunday I received a $1200 fine from City of Calgary bylaw officers for breaking the province’s COVID health orders. It was not that I was the only one in violation of health orders as we gathered to worship God, but as the pastor and leader I was given this fine in an effort to see our entire church comply with the latest COVID regulations.
When the most recent health orders were given on December 10, I wrote to inform you of how we would move forward. I addressed the regulations theologically, scientifically, legally, and politically. I knew that receiving a fine would be a real possibility. Having received one now, the course is unchanged. I remain resolved to stay the course and, like Paul, I plan to appeal to the protections and fundamental freedoms afforded Canadian citizens.
I have received an Order of an Executive Officer that outlines the expectations of Alberta Health Services for our gathering and another health inspector will be visiting the church premises this Sunday to see if we have implemented the order. It is likely Calgary bylaw officers or Calgary police will accompany them. Some of you may have heard one bylaw officer last Sunday who warned people both inside the church and outside that attending without a mask will mean you will receive a $1200 fine. Although it is highly unlikely that anyone besides myself will receive a fine, it is possible.
This Sunday, you’ll be welcome to gather in our main auditorium, downstairs in our distanced space, or tune in from home via livestream. Each person must be convinced in their own mind. As you weigh out your options and wrestle with this, let me share some information about legal concerns you may have.
- Violations of the health orders are not criminal offenses and conviction does not mean a criminal record. It’s more akin to a speeding ticket (although, unlike a speeding ticket, there is a very strong defense to any ticket for not wearing a mask, not distancing, or attending a gathering, etc.).
- Organizations like the Justice Center for Constitutional Freedom and The Rebel have offered legal help free of charge.
- The legal process will be lengthy (taking many months). The plan is to plead innocent on the ground that the restrictions to our gatherings are unconstitutional and are violations of our charter freedoms.
Note: I have consulted with legal counsel in regard to these points. This is not legal advice but I’m communicating this content based on my discussions with counsel.
Why Not Comply?
There are a growing number of churches across our country who are finding themselves in legal battles over church closures and restrictions. Many pastors and elders have received fines or summons to appear in court. Why would these churches and leaders continue to refuse to comply with health orders?
For our church, there are two main areas of compliance we are not enforcing: (1) restricting gathering sizes to 15% capacity; and (2) ensuring that all persons in the building wear a mask.
Limiting Gathering Size to Ensure Physical Distancing
When it comes to the 15% capacity limit, could we not assemble in multiple groups? Haven’t other churches been creative in doing more online, meeting in small groups, having multiple services, or drive-in services? We have hosted multiple services before, but at the current restriction, our auditorium could accommodate 18 people at one time according to calculations provided at Alberta.ca which would mean we would need at least 8 services.
Everyone will admit that these options have weaknesses and are not ideal. No one would move to these formats if it was not for external circumstances like a pandemic or government orders. What are those weaknesses?
The problem is that these alternative ways to “do church” are pastor-centric rather than church-centric. Sunday worship can become more like a performance or TED talk where people consume what the pastor says with little to no interaction with the people (i.e., the church). These alternatives can strain the very definition of church (Gr. ekklesia) which is an assembly.
The church gathering is more than listening to a message or hearing Christian worship. It involves fellowship, and the communion of the Lord’s Supper (1 Cor 11 mentions “when you come together” five times when instructions concerning the Supper are given to the church). It involves singing songs to one another (Eph 5:19; Col 3:16), and the closer we get to Christ’s return, the more we are encouraged to gather together and spur each other on (Heb 10:24–25).
Many do believe that due to the present circumstances that alternatives for gathering, while not best, are not sinful, and in fact, are most wise at the present time. Others believe the present circumstances provide all the more reason to ensure the church is open and our gathering unhindered. Some feel that since these measures are temporary, we can accept them. Others feel that the word “temporary” is beyond strained since restrictions have been upon the church for 10 months with no sign of stopping for at least another year (regardless of vaccines, mask laws are in effect through December 2021).
Our church seeks to be a place for people to wrestle through these matters and to be convinced in their own mind before the Lord. As a pastor who will give an account to God, how can I force people against their conscience or restrict them from worshiping God according to their conscience?
Enforcing Masks
What about masks? Why don’t we simply ask everyone to wear one? How can masks be against a person’s religious convictions?
I’ve written before (here and here) that masks—and other medical choices—are choices that should be made by individuals, not government or church leaders. Most people would agree to this reasoning for vaccines but as masks are less invasive, enforcing masks seems to be acceptable.
So the question is, are masks invasive to the practice of worship at the gathered assembly? Many would say no. Others would say yes. Why would some believe wearing a mask impedes their ability to faithfully gather in worship?
First, as people made in the image of God, we possess inherent rights and responsibilities. Often these rights are assumed or implied. For instance, the command “You shalt not steal” implies personal property rights. Likewise, the command “You shalt not murder (or rape or assault)” implies personal body rights. Many are convinced that we cannot lightly dismiss these rights and freedoms rooted in the image of God (Gen 9:6) by enforcing what people wear on their own face when they come to worship God.
Second, some would argue that masks hinder fellowship and veil our humanity. Our face, more than anything else, conveys our identity. A quick flip through any photo album or year book is more than sufficient to prove this point. In addition, our face, unveiled, is a key element in true fellowship. Consider how many times (17 in fact!) the Bible uses the term “face to face” to describe fellowship or a close relationship. Paul expresses a longing, not just to communicate via letters, but he earnestly prays day and night so that he can be with the church and see them face to face (1 Thess 2:17; 3:10).
Having said this, some believers are convinced that although masks do not allow for us to see each other’s face fully, it is acceptable for a temporary period of time. Before the latest restrictions, many gathered with masks on because they saw the importance of being physically present with others. For example, Moses spoke with God face to face (Ex 33:11), but not literally, else he would die (Ex 32:20). As such, some see face to face as being in the presence of others and not always implying literally seeing each other’s face.
For these reasons, the choice of wearing a mask or not will remain your choice.
Limiting the Spread
I realize that not all Christians share these convictions nor will those without the Spirit of God understand them or why there is even a disagreement (1 Cor 2:14). Many, Christian or not, strongly believe that masks and gathering restrictions reduce the spread of COVID-19 and save lives.
Imagine if we completely restrict people from leaving their homes. Imagine if we restricted and enforced a policy that prevented any visitors, even family, from visiting that home. Imagine if the only contact people had (to get necessary food or supplies) was with trained professionals that wore full PPE and followed all health guidelines. This seems extreme, but would it not thwart the spread of COVID-19?
You don’t need to imagine such a scenario, it already exists in long-term care homes across the country. Yet, to date, long-term care centers account for more than 75% of all COVID related deaths. Outbreaks are continuing even with these strict measures in place.
So what is the solution? We must continue to do our best to protect the most vulnerable as we have done with previous infectious diseases, but the church, at the forefront of the holistic health of individuals and the nation, must remain free to gather, worship, fellowship, and minister the saving gospel of Jesus Christ in every area of life to the glory of God.
We have seen many join our church in recent months who would be on the verge of emotional and spiritual ruin apart from the continued presence of the church and a family of believers who come together face to face. God is at work today, and he is at work through the church.
—Tim Stephens