A 琉璃神社 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 琉璃神社 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 鈥榗onstitutionality鈥� of the order. It was denied in Sept. 2022, with Justice Clarke Burnett hearing Crown鈥檚 argument that the appeal was an 鈥榠mpermissible collateral attack鈥� 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 鈥減alpable and overriding errors鈥� in fact and law.
It was dismissed on April 26, 2023, with Justice Kent deciding that Lucier had 鈥渘o merit鈥� in his appeal, and that 鈥渋t is simply a reframing of Pastor Lucier鈥檚 basic criticism鈥� that a judicial review is not an effective way to determine the constitutionality of the order.
鈥淚 am not inclined to characterize this ground of appeal as a 鈥榥ew argument鈥�.
Jake.courtepatte@kelownacapnews.com
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