Pastor Timothy Stephens led Fairview Baptist Church in Calgary throughout the Covid pandemic. When Alberta imposed strict limits on worship services, including attendance caps, mandatory masks, and distancing requirements, Pastor Stephens and his congregation continued meeting for worship, believing that the restrictions violated their religious obligations and the Charter.
In May and June 2021, Pastor Stephens was arrested twice and spent a total of 19 days in custody. Although the criminal and public health proceedings against him were eventually resolved in his favour, he later launched a civil lawsuit seeking to hold Alberta Health Services and the Calgary Police Service accountable for what he alleges were unlawful arrests and violations of his constitutional rights.
Arrested and jailed under an order that did not apply
On May 16, 2021, Pastor Stephens was arrested at his church for allegedly breaching an injunction order issued by Associate Chief Justice John Rooke.
The injunction had originally applied to several named parties, including the Whistle Stop Café and others acting “independently to like effect.” Days later, however, the Court amended the order to remove those broader references. Pastor Stephens was never named in the injunction, was never served with it, and the amended order did not apply to him.
Following his first arrest, Pastor Stephens was strip searched and spent two nights in a provincial corrections facility.
Less than a month later, he was arrested again at his home in front of his family after his congregation held a peaceful outdoor worship service. He remained in custody for 17 more days after refusing release conditions that would have required him to comply with public health orders he believed violated his Charter rights and his religious duties.
He was released on July 1, 2021, after Alberta lifted its Covid restrictions.
Criminal and public health cases ended in his favour
Lawyers funded by the Justice Centre successfully defended Pastor Stephens against the legal proceedings arising from his arrests.
The criminal charge against him was withdrawn in 2022. Later that year, Judge Fradsham acquitted Pastor Stephens of two public health charges after finding that the public health orders had not been properly authorized under Alberta law.
In August 2023, the Crown also withdrew the remaining charges against Fairview Baptist Church following the Alberta Court’s decision in Ingram, which held that the Public Health Orders were unlawful.
Civil lawsuit sought accountability for constitutional violations
After the criminal and regulatory proceedings concluded, Pastor Stephens filed a civil lawsuit against Alberta Health Services and Calgary Police Chief Mark Neufeld.
The lawsuit sought declarations that his rights to liberty and security of the person were violated, that his detention was arbitrary, and that he was entitled to damages and costs. It alleged that Alberta Health Services and police acted unlawfully by arresting and detaining him under an injunction that did not apply to him and had never been served on him.
Lawsuit continued through the questioning stage
The civil action proceeded through the discovery process, including applications concerning the scope of questioning of witnesses.
One outstanding application sought to determine whether lawyers funded by the Justice Centre could compel additional witnesses to attend for questioning. That application represented the next significant procedural step in the litigation before the case could continue toward trial.
“If a person can be arrested, thrown in jail, strip searched, and held indefinitely, without due process, constitutional and legal rights don’t help you when you need them,” said constitutional lawyer Glenn Blackett. “The Calgary Police and its ‘enforcement partner’ Alberta Health Services must be held accountable,” he added.
