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Kelowna pastor loses appeal on COVID public gathering violation

Arthur Lucier held a church gathering in Jan. 2021
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(Pastor Arthur Lucier/Instagram)

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 香蕉视频直播榗onstitutionality香蕉视频直播 of the order. It was denied in Sept. 2022, with Justice Clarke Burnett hearing Crown香蕉视频直播檚 argument that the appeal was an 香蕉视频直播榠mpermissible collateral attack香蕉视频直播 against the order, meaning that it was an attempt to avoid the binding effect of an order for specific relief.

READ MORE: 香蕉视频直播楤eing unhappy doesn香蕉视频直播檛 mean the process is unfair香蕉视频直播: Appeal for Kelowna Pastor charged with COVID violation

He then appealed the ruling on constitutional grounds, arguing that the judge made 香蕉视频直播減alpable and overriding errors香蕉视频直播 in fact and law.

It was dismissed on April 26, 2023, with Justice Kent deciding that Lucier had 香蕉视频直播渘o merit香蕉视频直播 in his appeal, and that 香蕉视频直播渋t is simply a reframing of Pastor Lucier香蕉视频直播檚 basic criticism香蕉视频直播 that a judicial review is not an effective way to determine the constitutionality of the order.

香蕉视频直播淚 am not inclined to characterize this ground of appeal as a 香蕉视频直播榥ew argument香蕉视频直播.



Jake.courtepatte@kelownacapnews.com

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Jake Courtepatte

About the Author: Jake Courtepatte

Editor of 香蕉视频直播 & West K News since February 2022. I have spent the majority of my career working in the Toronto area as both a sports reporter and a general reporter.
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