Thinking About a Pastor in a Canadian Jail
A story out of my old home town appeared on many media outlets reported last week, including this one: Canadian Pastor Jailed Over COVID-19 Violations | Christianity Today. Of course, such stories arrest the attention of most Christians and cause immediate concern. We are sensitive to stories of persecution. Persecution is a reality in recent history around the globe. Christians have raised funds and supported ministries to persecuted Christians in various regimes, mostly totalitarian in nature. For something like this to happen in Canada brings it all a little too close to home. Canada, we think, is a democratic nation, founded on small “l” liberal policies of freedom and civil liberties. How can it be that this kind of thing should happen in Canada? Should we raise the alarms and man the barricades? Or at least raise some funds in support?
To answer these questions, I think we need to understand something about how Canadian law works and something about the circumstances of this particular case. When we grasp these matters, I am confident that we will have a good idea how to proceed.
The first thing for American observers to understand is that Canada is not the same as the USA. I’ve tried to explain the difference in more detail in my personal blog, you can access that here. For the purposes of this article, I’ll just note that the foundation of Canada rests on a decree of Queen Victoria (in 1867), and executive authority still resides in the Crown (though mostly symbolically, the real power is in Parliament now). The foundation of the USA is the Declaration of Independence, an assertion of free citizens about their will to establish their own nation. Consequently, the freedoms Canadians enjoy are not those of “small ‘l’ liberal policies and civil liberties,” they are the gifts of the Crown (i.e. the government). As such, the government has the power to limit those freedoms, albeit within the limits of what the Canadian constitution calls “reasonable limits,” an open-ended term.
The second thing to understand are the regulations in Alberta concerning churches as of the most recent update (Dec 13, 2020). The full list of requirements are here, this is a summary of key provisions:
- Maximum of 15% fire code capacity for those attending in-person services
- Masks are mandatory indoors
- Distancing of 2 meters required
- No worship services in private homes
Some reports make it sound as if most churches in Alberta closed, and only a few, like GraceLife Church, pastored by the arrested James Coates and Fairview Baptist in Calgary, pastored by Tim Stephens, remaining open. In fact, most churches in Alberta are open and are in compliance with the guidelines. One pastor friend, in an email to me, commented:
To read the articles about the “jailed pastor” you would think that Alberta is persecuting churches, but our church has been in full operation for the last eight months with minor intrusion.
An article on the CBC website reports:
Pastor James Coates was brought into custody this week after his arrest on two counts of contravening the Public Health Act and on one criminal charge for failing to comply with a condition of an undertaking.
For a good summary of the legal issues facing James Coates, see this article on TGC Canada.
In addition, it reports, concerning the Calgary church:
In January, Pastor Tim Stephens was fined $1,200 by Calgary bylaw officers for violating public health orders. But the church has continued to encourage congregants to break rules by holding gatherings larger than allowed capacity and not enforcing the wearing of masks.
“It is … Jesus Christ, not civil government, that defines what is essential for the gathered church,” Stephens wrote in a blog post on the church’s website on Saturday.
In an article last week on the story, Christianity Today reported:
But authorities repeatedly flagged the church for not capping attendance at 15 percent of capacity, requiring masks, or social distancing, as required by health regulations in Alberta.
Premier Jason Kenney commented on Facebook with this post, part of which said:
The suggestion that Alberta has any restriction on preaching is completely false. Under Alberta law, no one has been or will be fined or sanctioned for preaching.
Anybody in Alberta can preach their faith and, and religious communities are encouraged to gather in congregational worship within the safe guidelines laid out by Alberta Health. This is unlike many other provinces in Canada that have completely suspended congregational worship to prevent viral transmission.
The pastor of the Calgary church, Fairview Baptist, put together a video describing his views of the relationship between church and state, which he calls “sphere sovereignty.” He asks, near the end of the video, “When is it prudent or permissible to disobey an earthly authority in obedience to Jesus?” He proposes three scenarios in which this is allowed:
- When an authority forbids what God commands
- When an authority commands what God forbids
- When an authority commands what is not within their “sphere” to command
On this last point, he says:
For the state to use its power of coercion in areas of health, like forced sterilization, vaccination, or other medical orders is clearly outside their sphere of responsibility given by Christ.
Why does Pastor Stephens use “forced sterilization” as an example here? This is hardly what the government is currently doing. Through history, governments have attempted various means to combat widespread outbreak of disease. These means include quarantines, school closures, bans on public gatherings and immunization programs, among others. The New England Journal of Medicine reports about the 1918 influenza epidemic that:
Cities that implemented stringent controls, including school closures, bans on public gathering, and other forms of isolation or quarantine, slowed the course of the epidemic and reduced total mortality.
Are we seriously arguing that such measures are “outside” the “sphere” of government? In some cases, government measures failed. In others, they apparently have some success. In my own opinion, most of the measures of our governments against Covid-19 are ineffective at best. We see widely different strategies in various jurisdictions, with essentially the same results. However, does my opinion of the effectiveness of my government’s policies give me leave to simply ignore those policies?
Let’s consider another sphere of authority. Suppose my children, when they were young and under my roof were to respond to my directions with something like, “Dad, I don’t think you are giving me that command ‘in the Lord’ [see Eph 6.1] — I think I’ll just ignore it.” What kind of response should that elicit?1
The attempt to argue that government has no authority over matters of public health seems to simply be “special pleading.” Using an extreme example (“forced vaccinations”), Pastor Stephens conveniently ignores really dealing with the public interest in defeating the Covid-19 virus.
Perhaps one could say more on the authority question, but it seems to me that the government is acting within its sphere of authority when making regulations about health. (I reserve the right to not like their regulations and to complain about them, although I am not sure a complaining spirit will do me much spiritual good.)
My pastor friend from Alberta has this to say in summing up the arguments of Pastor Coates and Pastor Stephens:
In my interactions with James Coates (and Tim Stephens) and listening to their sermons on this topic, it seems there are three main reasons for their civil disobedience.
- The entire church must gather together in one place at the same time each week. Anything less is compromise to Caesar and exposes a deficit ecclesiology. Limiting capacity to 15% causes most churches to split up into smaller groups.
- The governing authorities have no authority to interfere by regulating church gatherings, especially in limiting fellowship by requiring physical distance and wearing masks.
- The church has an obligation to love neighbors. Since the government orders are unloving (in the opinion of the pastor), the church has an obligation to stand up against these orders.
This summary demands some response, regarding the responsibilities of Christians to authority and our responsibility to gather together. We are well familiar with Peter’s response to the Sanhedrin in Acts 5.29, “Then Peter and the other apostles answered and said, We ought to obey God rather than men.” The Sanhedrin attempted to prevent preaching in the name of Jesus. Most Christians since that day will not fail to preach Christ simply because authorities demand that we cease. However, this is not the case in Alberta currently.
Some raise the exhortation of Hebrews 10.25, “Not forsaking the assembling of ourselves together…” I don’t have space for a detailed exposition of this passage, but I would like to note some things. First, the recipients of Hebrews were considering a voluntary removal of themselves from their churches because of the fears of persecution, they weren’t facing a temporary, but compulsory health care order. Our governments are assuring us that these orders are temporary. We have little choice but to take them at their word.
Churches have forsaken assembling temporarily from time to time in the past. Extreme weather conditions will cause cancellation of services. My friends in snow country regularly post such notices to their people on Facebook.2 When we suspend services temporarily for extreme weather, are we disobeying the exhortation of Hebrews 10?
Some years ago, I toured Cades Cove in Tennessee. It is a hidden valley, not too far from Knoxville, where the buildings are preserved from the days of the early settlers in the area. It is well worth the visit. One thing I remember at one of the old churches in the Cove was a notice that during the Civil War, churches suspended services “because there were too many Rebs in these parts.”3 Were the churches of Cades Cove in violation of Hebrews 10.25 when they suspended services?
For my part, I find it very hard to justify disobeying health orders, a legitimate sphere of government activity, especially over a temporary order restricting services due to a health-care crisis. I don’t have to like the restrictions, but I can’t support a pastor who defies them.
As I close, I’d like to refer you to three articles (all with a Reformed perspective) where the authors reason well, in my opinion about the relationship of the Christian to governmental authority. I suspect they do a better job than what I have done, so I’ve saved the best till last!
- Should Churches Submit to Orders That Close Public Worship Due to Public Health Concerns?
- Resisting the Powers That Be (Part 1)
- Christian Citizenship and the Rule of Law (Part 2)
The last thing I will say in this post is this: please pray for the churches of British Columbia, my province. Our government ordered us to suspend all in person worship on Nov 19, we are not allowed to meet even with limited numbers and other precautions. We are rather tired of this, and there is as yet no hint of a reprieve coming our way.
Don Johnson is the pastor of Grace Baptist Church of Victoria, Victoria, BC, Canada.
- Let us grant that Paul’s imperative for children vis a vis their parents is comprehensive: “Children, obey your parents in the Lord: for this is right.” Very little of the child’s life is outside that sphere of authority. But isn’t the command to obey government just as absolute? “Every person is to be in subjection to the governing authorities.” [↩]
- In my own ministry, we suspend services when we get two or three inches of snow! — We realize how pathetic that sounds, but when you live in paradise [Vancouver Island], snow is hard to take! [↩]
- Apologies to my Southern friends! [↩]
I agree with you, Don. Thanks for writing this. These are difficult times, and we are praying for our Canadian brothers (even those being jailed), that they have wisdom, discernment, and courage.
Don, good thoughts to ponder. I found the reasons of Pastor Coates when I first saw the news articles about this to be rather shallow and weak. I’ve seen these same reasons expressed here in the country to your south, and just see them as a poor example and cringe when I see believers step up and link arms with the offenders as if they are truly “suffering for the gospel’s sake.”
We do indeed live in interesting times which are truly trying to believers. We must remain focused on following God and His path and not try to forge our own path through this jungle.
I think some people might argue that restrictions lasting almost a year now may not be “temporary” in nature.
Also, have you considered the example in Exodus 5-10? Israel was commanded by God to go somewhere specific, and worship God in a specific manner. Pharaoh tried to restrict who could go, where they could go, and what they were to do in their worship. None of that was good enough for God. As Christians, we are to meet. Not virtually, but in person. I agree there are times, weather and sickness, that might require a temporary canceling of services. But when they stretch into multiple months, what is the church to do, especially since God takes a dim view of forced compromise as seen in Exodus?
Hi Stephen
Thanks for the reply. A few thoughts:
1. The example I gave of churches suspending services during the Civil War involved a period of many years. Was that temporary? Were they in sin for suspending?
2. The Alberta government isn’t prohibiting worship services (as the British Columbia government is), but is prescribing behaviour when in those services. Masks are required, numbers are limited. James Coates is ignoring these prescriptions. He could worship if he would abide by the prescriptions, but he refuses to do so.
3. Much is made of the obligation to “meet in person.” Personally, I think meeting by way of Zoom or other services is inadequate, but it is something. The burden of proof, I think, lies on those who claim this is not a meeting. We are together, we are able to interact, we are continuing to minister to one another. Furthermore, I think the common application of Hebrews 10 doesn’t involve careful exegesis, but rather taking at face value the interpretation offered by a certain “big name” preacher, and elevating his interpretation to an authoritative level. I didn’t spend a lot of time on the passage in this article, but I don’t see it as the absolute legalistic demand that some are making it out to be. Perhaps I should do a separate article on my view of the passage. That may take a while though, so don’t hold your breath!
Maranatha!
Don Johnson
Jer 33.3
Excellent article, Pastor Johnson! I appreciate hearing the Canadian perspective. Your example of a parent-child relationship is one that I have used in a similar context, as well as the husband-wife and pastor-congregation relationships. In each of these relationships, there is a leader and there is a follower, The leader has certain limits placed on his authority/leadership. But the follower must still submit. In your example, parents are instructed to bring their children up “in the nurture and admonition of the Lord.” But children are never given a free pass to disobey if they deem their parents’ actions as going beyond the sphere of rightful parental authority. But I would take the liberty of applying Acts 5:29 to the parent-child relationship as well: “We ought to obey God rather than men.” If a parent tells a child to do something contrary to Scripture, it is fully proper for that child to choose instead to obey God.
After a recent Supreme Court opinion, California is now allowing churches in California to meet indoors again, a decision for which we are very grateful. We understand a little of what you’re still going through. May the Lord continue to give you wisdom and grace as you navigate through these difficult days.
Don,
Most assuredly these are issues that deserve our full attention because of the consequences involved.
What is now happening is exactly the point I made with Dr. Kevin Schaal. Remember that I took issue with him about why he wanted the civil authorities and the churches to agree about their reopening when he had previously argued that a church has the sole right under Christ to determine these things.
I think the difference between the cases you cite of temporary church closures because of inclement weather or excessive “Rebs,” and these current churches and pastors is who ultimately has the right to make that call. One is done by the church and the other against the church.
If a pastor does not have a conviction to open his church in opposition to civil authority, then by all means do not open. The Bible says, “For whatsoever is not of faith is sin.” No man and even no pastor or church can successfully live on borrowed faith. Opening your church because another opened his church might well be disastrous for you and those you lead. However, if others do have a Scriptural conviction to open in opposition to civil authorities by all means encourage them to act on their convictions. The Bible also says, “Therefore to him that knoweth to do good, and doeth it not, to him it is sin.”
It is always right for us to caution our brethren not to follow the crowd but only their own faith. It is always right for us to encourage and strengthen each other in regards to having greater faith in God when trials abound. It is never right for any of us to discourage a brother in his stand particularly when hardship falls on him while we wait for the sun to shine on our own choices.
This is a time of testing for Christians and the great swelling words that flowed from many of our pre-COVID 19 sermons appear to have been more hollow than faith filled. Our hymnal must needs be revised to bring them into alignment with our true actions rather than our wishful affirmations. Too many of us have borrowed the excuse of the slothful man in absconding from our duties by saying, “There is a lion without, I shall be slain in the streets.” Even worse is that too many of our actions can be seen fulfilling this axiom, “Skin for skin, yea, all that a man hath will he give for his life.” How much better were they consistent with the psalmist who wrote, “God is our refuge and strength, a very present help in trouble. Therefore will not we fear, though the earth be removed, and though the mountains be carried into the midst of the sea; Though the waters thereof roar and be troubled, though the mountains shake with the swelling thereof. Selah.” Lord, increase our faith!
To the Praise of His Glory,
Pastor Gordon Phillips
Golden Hills Baptist Church
Lead, SD
Gordon, thanks for the comment.
I hear you with respect to the “soul liberty” angle of the question, and certainly I support the notion that each of us is accountable to God alone. However, I will note that we have to have clear Scriptural authority to disobey a clear Scriptural command. Another friend pointed out, in discussing Romans 13 and similar passages, subjection to authority is our default position as believers. To operate against that requires very strong Biblical authority, as for example, when Peter refused the order to not preach in Jesus name.
Anyway, may the Lord give us all grace to get through this.
Maranatha!
Don Johnson
Jer 33.3
Don,
Difficult for me to imagine a different response from the Apostles if the next day another order was given with this time it being for the church not to assemble as a precaution for the spread of a pestilence. Nothing could detour these men in their complete following of Christ who had personally witnessed the power of God in the resurrection of Christ. Again, I sense there is evidence among us of too little faith, too much fear, and too little power.
About submission to authority: The question should never be about whether to submit to authority, but knowing who is the authority over what. I would strongly argue that submitting to arrest by civil authorities for submitting to God to meet together (the very defing of what a church is) is submission to every authority in all things.
To the Praise of His Glory,
Pastor Gordon Phiilips
Thanks Gordon
Well, that is where the argument lies. I believe health and safety are within the purview of legitimate government authority. We submit to building codes, Food Safe laws, etc. If we don’t we can’t meet in our buildings. The government has authority in these areas.
Maranatha!
Don Johnson
Jer 33.3
Don
Excellent article… I appreciate the well thought out and Biblically based approach. It is refreshing to see you ballance the God given authority of the church w the authority given to the state.
Clearly this kind of situation requires “King Solomon and Baby” kind of wisdom!
We are not unaware of the good and faithful brothers serving in your country….
At the end of the day… I’m thankful for faithful gospel preaching men who might be a little more or a little less in agreement w me on how to ballance Church vs. State authority. As you know… good brothers have seen differently on that…. In our own country born again men were on both sides of the American Revolution. During the British Civil Wars…. Good men were on both sides… Some for Parliament… Some for the crown. All were ultimately loyal to King Jesus.
At the end of the day…. It’s ok if a brother takes a step or two more than I would….
Again… This was really well written….
Straight Ahead!
jt
Joel, thanks for your comment, though you do tempt me to make a smart-aleck reply. That would only derail our conversation, so I won’t belabor the virtue of red coats! heh
Maranatha!
Don Johnson
Jer 33.3
I’m grieved by the divisions among our brethren. It adds to the chaos and our God is not a God of confusion. We are to do our best to live peaceably with those around us and by disobeying health orders, we aren’t fulfilling that command. On the other hand, his conscience is telling him to meet and disregard these health orders. If he were to disobey his conscience then he would be sinning. For the record, I agree with you Pastor Don… I don’t know how to settle this matter within myself as I wonder if we should be sending him notes of encouragement packed with wisdom from scriptures also? Aren’t we to visit those who are imprisoned? One thing is for sure, let us pray!… For these pastors who believe they’re performing these acts of defiance in Christ’s name and also for our province to value its citizens enough to see spiritual matters are essential as well! I think Christians are quick to look for persecution where it does not exist (yet). I think the reduced number of people allowed is a blessing! Smaller groups means more intimate relationships among brothers and sisters will form and we can disciple one another much more effectively!
Grace and peace,
Denise
Thanks Denise, I am certainly fine with sending encouragement. Just thinking through how we should think about this and what our own responses should be. Your comment about smaller groups recalls something another pastor said to me in a conversation yesterday. He was describing how in Ontario the limit is not a percentage, but a number: i.e., 10! One pastor he knew of a small church (about 70 or so) was holding 7 ten person services per Sunday! That pastor’s testimony was that though the restriction wasn’t easy, it had an unexpected blessing in deepening relationships and walk with God. I am hoping that we can have at least some gathering in BC soon so we can build each other up in person.
Maranatha!
Don Johnson
Jer 33.3
It was a Baptist pastor, Larry Jones, doing brief jail time in Alberta a generation ago, that sparked increased freedom for independent and home schools. Most of his pastoral colleagues did not take a public stand to support him. Clearly this is not a theological argument but perhaps a historical parallel.
Many of the Alberta pastors today believe that since the 15% restriction is not just targeted at churches, it is not religious persecution and they can go along with it for awhile. But in B.C. where churches are specifically targeted for closure, wouldn’t you have more justification for refusal to comply?
Fred, yes, perhaps there is more justification in BC, but the thing is that the order is temporary and public health is in the government’s mandate. I believe in appeal before rebellion and that in this case, the appeal would be based on equality issues: there is no reasonable way to single out churches when AA groups are allowed to meet and the pubs and stores are open. There have been more “outbreaks” in those venues than churches. The problem is the cost of appeal, if done in the courts. I have a couple of other ideas for appeal, but they also have some difficulties. In the meantime, there are signs that the shutdowns will eventually end, so we wait.
I recall the stand of Larry Jones vaguely, I think I was in the States getting my education right about then. My uncle was involved with him, I think. The issues there were different, though. I think education is less of a government mandate than that of the family, whereas public health is part of the government mandate.
Maranatha!
Don Johnson
Jer 33.3
With all due respect, I believe this man is asssuming some very wrong things about us.
First, we are not trying to rebel. All media have their own slant, and most want to paint us as rebels, but that is simply not the case.
We of Fairview and Gracelife (and other churches whose names you will soon hear in the news) are convinced that God has laid out clearly in His Word how church ought to function, and the state is interfering with that. Agree or disagree, but James Coates is nonetheless in jail for having obeyed God to the best of his understanding. He and Tim are only seeking to be as faithful to God’s Word as possible and care for their congregation as best as possible.
We believe the congregation must meet as one body. We are one church, and to meet at multiple times in seperate (to accomodate our church, 8 seperate groups) dramatically impedes the ministry of the church. A body works when all parts are functioning in their right places together. We would become 8 little churches if we did this. It would also make for (minimum, allowing for santitation between services) 20 hours of church services each Sunday–which is utterly impossible.
We believe people are individuals–not statistics. 15% excluded people. It excludes individuals. People who desperately need the church at this time.
We are not allowed social gatherings. They are allowed outdoors with up to 10 masked and distanced people, but let’s be real–this is February in Canada. Outdoor is extremely impractical and downright dangerous for some people. Also, 10 people also excludes individuals. There are families in our church with 10 or more people in the immediate family alone.
A single livestreamed sermon and a handful of phone calls are a meager diet for a hungry soul, and suicide and depression are on the rise. But the worst thing which is on the exponential rise and not being reported on is the soul-sucking sin of pornography.
Churches are expected to not only discourage, but prohibit their congregants from talking with eachother after or before church. This is destroying needy people.
Both our churches have become magnents for the desperate souls–people who need to see faces and need to be hugged and cared for in person. And we will be there for them.
The author of this article also goes after Tim for mentioning forced sterilization. But forced sterilization is something still happening in places around the world. The video was not about Covid, but a much broader statement, explaining what Sphere of Sovereignty means. Tim deliberately avoided using current examples because he wanted people to actually listen and understand the theological view and not just be turned off instantly by a mention of a hot button issue.
I am deeply concerned about this article because he acts as if a Pastor being jailed for holding normal services in an abnormal time is okay. Are we not supposed to show love to prisoners as if we were chained with them?
This article rubs salt in the raw wounds of a family which has been seperated by force, a church which has been robbed of its shepherd, and a godly man who refused to go against what he believes even if it means months in jail.
Even if you disagree with Pastor James, you cannot believe that it is right to jail a man over breaking health regulations, especially when no one even got sick.
There is a pandemic out there, but it isn’t Covid (not denying Covid is real, but hear me out). It is a pandemic of fear and hate. Fear of death, fear of spreading death, and hatred of anyone who sees it differently. The church of Christ has withstood a thousand heresies in history. Is it doomed to be irreconcilably divided by disagreement over how to handle a small virus?
I admit, we hold a high ecclesiology. I am not ashamed of it. We believe the church is the single most important entity on earth and that God has specific requirement for what it needs to look like, and distancing, enforcement of masking, and 15% simply does not fit into those requirements. The temporary nature of these requirements does not change things. The kingdom of God is not on hold! We cannot take a temporary break from obedience due to extrenuating circumstances. What we are willing to give up for a while reveals our priorities. Church is too important. Practicing hospitality is too important. The blood-bought people of God are too important.
And, in response to his thing about church suspending services for other reasons, we have never done that at Fairview for any reason except when we closed for the first lockdown (which we have since repented of). As long as Christ is still reigning, churches must be open.
Robyn, thank you for taking the time to comment.
I have to say that I deeply sympathize with your situation. My view of the best ways to handle the virus are probably very similar to those of your pastor. I would agree that governments are too restrictive of the churches at this time, especially in my province, British Columbia.
However, the problem is that the Bible is very clear about our relationship to authorities. We are to be in subjection to the governing authorities (Romans 13.1). Subjection doesn’t mean blind obedience, certainly, and there are examples in the Bible where the apostles disobeyed the commands of the governing authorities and took the consequences.
Where I disagree with your pastor (and Tim Stephens) is in the scope of governmental authority. Public health and safety is a legitimate area of government responsibility. We tend to follow the government in these areas, even if we think they are unreasonable. For example, building codes and occupancy requirements, exit doors, safety measures (alarms, fire extinguishers, smoke detectors, etc) all of these are things we follow, even when the requirements go beyond what we think reasonable. A friend of mine built a church in Port Coquitlam and had to install a very high pressure sprinkler system, one that was capable of suppressing a fire of a building much larger than the one he built. Well, what could he do? He put in the skookum sprinkler system.
In the same way, we may not agree with the government requirements about the virus, but they are acting in their legitimate grounds and can put in the rules they choose.
We do have the right to appeal and to challenge their regulations, but we don’t have the mandate to disobey.
I would also disagree with your pastor on the notion that the whole church must meet together all the time. First of all, where does the Bible actually teach that? I would be interested to know. Secondly, how is that possible. Even in my small church in Victoria, BC, it is a rare Sunday when everyone is there at the same time. Are those absent in sin? It would seem by your doctrine that would be the case.
Anyway, I don’t want to argue with you back and forth. I am glad you commented and expressed your views. I am very sympathetic with your church and the situation in Alberta. I just disagree with how your pastor is handling it. (I am an Albertan, by the way, born in Edmonton and raised in Drayton Valley, in exile here in the People’s Republic of BC!) There is a case coming up in the BC courts in March, hopefully it might provide us all some relief.
Maranatha!
Don Johnson
Jer 33.3