Three churches that challenged the ban on public gatherings during the COVID-19 lockdowns in 2020 and 2021 will attempt to appeal their case to the Supreme Court of Canada.

A notice of leave to appeal was filed Feb. 14 on behalf of John Koopman, John van Muyen, and Langley鈥檚 Riverside Calvary Chapel, Immanuel Covenant Reformed Church in Abbotsford, and Free Reformed Church of Chilliwack.

The B.C. Court of Appeal recently ruled against the churches and individuals, who had challenged the province鈥檚 right to shut down in-person religious services during the second wave of the pandemic.

They lost their first case in 2021, and then were .

鈥淭he ban on in-person gatherings for religious worship fell within a range of reasonable outcomes and proportionately balanced the appellants鈥� freedoms with the attainment of critically important public health objectives,鈥� the ruling said.

The Justice Centre for Constitutional Freedoms, a socially conservative legal advocacy organization, announced that it will ask the Supreme Court to hear its appeal on four grounds, all of which touch on the Canadian Constitution or the Charter of Rights and Freedoms.

The request for an appeal says that the lower courts鈥� rulings are based on administrative rather than constitutional law, and 鈥渟everely degrade the Charter鈥檚 strength in protecting rights and freedoms.鈥�

Lawyers for B.C.鈥檚 health authorities, and lower court judges, have never denied that the public health orders banning gatherings and group worship services didn鈥檛 infringe on rights. Instead, they relied on arguments that it was a necessary infringement to protect public health, lives, and the health system during a pandemic.

鈥淚n cases like this, it is the population that is the patient,鈥� lawyer Catherine Reilly argued during the B.C. Appeal Court hearings on behalf of the province, Attorney General鈥檚 office, and health authorities.

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To be heard by the Supreme Court of Canada, lawyers have to file a 鈥渓eave to appeal鈥� application.

About 600 requests for the Supreme Court to hear cases are filed every year, but the court turns down most of those, hearing about 80.