In a National Post article, Professor Richard Moon commented on the case of an Alberta pastor who was jailed for holding services during COVID-19.
Professor Moon said there’s a sense in some religious communities of “the importance of adhering to God’s law and God’s law taking precedence over civil law, over man-made law.”
"When it comes to broader issues, for example, the conflict between religion and law, or other freedoms in the Charter, the level of infringement depends upon the right in question," said Moon. "The courts will weigh the effect of COVID restrictions on faith, including if rules might impact faith groups in ways they don’t other groups. They will also weigh the evolving knowledge about COVID-19 and the risks of changing restrictions."
He continues: “Restrictions have to sometimes be developed very quickly to respond to a changing, developing situation. In those sorts of circumstances, the courts are almost certainly going to show significant deference to the legislature’s judgement.”