Ontario Rules for Religious Gatherings

“The full adjustment of religious freedom would not have resulted in `legitimate inconvenience` for the government. That would have been a blanket abdication of the government`s responsibility to act in the public interest. This would have meant turning a blind eye to the threat of serious health consequences for a large part of the population. Two Ontario churches, Trinity Bible Chapel and The Church of God (Restoration) (the “Churches”), have applied for three court orders to be issued by the Province of Ontario to meet capacity limits for religious gatherings. The churches argued that these restrictions were unconstitutional, citing section 2(a) of the Charter, which protects freedom of religion. Churches have argued that limiting the number of people who can attend their services affects their ability to practice their faith, requiring regular personal participation of all their members in common prayer, singing and ritual. The Court found that the restrictions fell within the range of reasonable alternatives, based on the scientific evidence available to Ontario at the time of their enactment, and that they had been carefully tailored and modified to violate freedom of religion as little as possible, limited by duration and region. Finally, the Court found that the interference with religious freedom caused by the restrictions was outweighed by the positive effects of the restrictions imposed on society as a whole to reduce infection rates and prevent illness and death. Two Ontario churches that challenged COVID-19 restrictions on religious gatherings in the province, saying they violated their constitutionally violated their right to freedom of religion and assembly, lost in court.

“However, the fact remains that, despite the characterization of the complainants as such, there has never been a complete ban on religious gatherings or religious activities,” she concludes. Provincial orders under the Reopening Ontario Act and guidelines for worship, rites or ceremonies are subject to change. Please visit toronto.ca/COVID19 regularly for updates or call us at 416-338-7600. Food and refreshments may be served at gatherings and/or events. Be sure to handle food safely and encourage participants to wash their hands before and after eating. There is also a clear causal link between the restrictions and this legitimate objective, particularly given the unique transmission risks associated with participation in religious activities, such as group gatherings over long periods of time, and the common practice of singing and singing together. The letter of instruction to owners/operators of organizations providing religious services, rites or ceremonies and/or operating places of worship in Huron and Perth counties was lifted on February 17, 2022, as additional HPPH instructions beyond provincial leadership are no longer required. Pomerance writes in its decision that it agrees that the restrictions on religious gatherings have impacted the applicants` ability to engage in religious activities as a congregation and that the restrictions on gatherings have negatively impacted the mental well-being of church members. Ontario argued that religious gatherings posed a greater risk than other personal activities, such as shopping at major retail stores, which were still allowed to operate at higher capacity limits. Religious gatherings caused crowds to arrive and depart at the same time, gathering much longer than retail shoppers. Loud prayer or group singing also presented a particular risk of transmission, which was not present in other activities. Religious community leaders and organizers can help reduce the risk of exposure to COVID-19 for people attending worship, events or gatherings.

While there are no longer provincial and local requirements, HPPH encourages religious leaders to continue to follow best practices to prevent the spread of COVID-19. We have updated the HPPH COVID-19 Recommendations for Places of Worship [PDF] and encourage you to use it. Encourage everyone to follow proper hand hygiene and respiratory etiquette (coughing and sneezing). This is a good practice at all times – not just during a pandemic – to prevent the spread of the disease. The Court rejected Ontario`s argument that churches could have met this need either through multiple in-person services or virtual meetings, citing the churches` insistence that the practice of their faith required the simultaneous meeting of all parishioners and that the alternative methods proposed could not meet this need. The Ontario Supreme Court ruled that the restrictions on worship violated freedom of religion under section 2(a) of the Charter because they affected the ability of churches to participate in the activity most important to their identity: the ability of all parishioners to pray together. Places of worship are often used for a variety of activities such as worship services, programs, and other community-based services. It is strongly recommended that all buildings/facilities operated by religious organizations establish proof of vaccination protocol for anyone using the facilities. Encourage and support anyone who uses the space to get fully vaccinated. Be sure to get in touch with your room users when developing proof of vaccination protocol. Toronto Public Health is promoting virtual and outdoor worship services to reduce the spread of COVID-19.

Indoor religious gatherings are permitted, subject to applicable restrictions. In response, Ontario acknowledged that the restriction on participation in religious gatherings violated section 2(a) of the Charter, but argued that these restrictions were justified under section 1, which states that all Charter rights and freedoms are subject only to such “reasonable limits imposed by law as may be demonstrably justified in a free and democratic society.” It is strongly recommended that religious organizations create a vaccination policy in the workplace. Encourage and support all staff and volunteers to get fully vaccinated as soon as possible. For more information, see COVID-19: Vaccination Information for Employers.