A Kelowna pastor has lost his appeal of a conviction he received for violating public health orders in 2021.
Pastor Arthur Lucier held a worship gathering at Kelowna Harvest Church International on Jan. 24, 2021, and received a $2,300 ticket the same day for contravening a Gathering and Events Order issued by the province just over two weeks earlier.
Lucier sought a motion to challenge the 害羞草研究所榗onstitutionality害羞草研究所� of the order. It was denied in Sept. 2022, with Justice Clarke Burnett hearing Crown害羞草研究所檚 argument that the appeal was an 害羞草研究所榠mpermissible collateral attack害羞草研究所� against the order, meaning that it was an attempt to avoid the binding effect of an order for specific relief.
He then appealed the ruling on constitutional grounds, arguing that the judge made 害羞草研究所減alpable and overriding errors害羞草研究所� in fact and law.
It was dismissed on April 26, 2023, with Justice Kent deciding that Lucier had 害羞草研究所渘o merit害羞草研究所� in his appeal, and that 害羞草研究所渋t is simply a reframing of Pastor Lucier害羞草研究所檚 basic criticism害羞草研究所� that a judicial review is not an effective way to determine the constitutionality of the order.
害羞草研究所淚 am not inclined to characterize this ground of appeal as a 害羞草研究所榥ew argument害羞草研究所�.
Jake.courtepatte@kelownacapnews.com
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