After spending the past week in jail, a Saint John pastor admitted Friday to being in contempt of court for breaching COVID-19 rules.
Philip James Hutchings was released from custody after signing a consent order and a court undertaking indicating he will follow the rules going forward.
“I wish I could redo things and my sincere apologies, your honour,” Hutchings, lead pastor at His Family Tabernacle Church, told the court.
Hutchings admitted to violating an Oct. 8 consent order indicating he would make all reasonable efforts to ensure his church was complying with COVID-19 regulations.
Under the province’s mandatory order, faith venues must ensure everyone shows proof of full vaccination. If not, they must hold services at 50 per cent capacity, prevent singing, and keep a record of every person attending.
All church congregants must also wear masks, whether or not they are fully vaccinated. The mandatory order also gives peace officers permission to enter faith venues to ensure compliance with the order.
Two days after the consent order was signed, Public Safety officers attended a gathering at the church, operating out of an events venue on Rockland Road.
The Crown said the officers saw people coming and going from the building without wearing masks, and alleged that they were prevented from going inside.
Saint John pastor Philip Hutchings walked out of court this afternoon after spending the last week in jail.
Hutchings admitted to being in contempt of court for violating a consent order to make all reasonable efforts to ensure his church complied with COVID-19 rules. pic.twitter.com/4YFIkH9F4I
— Brad Perry (@BradMPerry) October 22, 2021
Hutchings apologized to the court several times during Friday’s hearing, but Justice Hugh McLellan described his words as “thin.”
“I’m reluctant to do anything on the basis of his oral words or what his counsel has put in his brief,” McLellan said.
The judge referenced the “negative message that this man has been sending to the public about the importance of the COVID rules.”
“Have you considered, sir, that you may be misleading and misdirecting some people?” McLellan asked Hutchings.
“We want to work and comply,” Hutchings replied. “My sincere apologies, your honour, I meant no disrespect. I have clarity on what we need to do and am willing to work.”
As part of the new consent order, Hutchings must “make all reasonable efforts to ensure compliance” with the COVID-19 regulations and allow the Department of Justice and Public Safety to attend any service held by him and his church to monitor compliance.
The officers will “observe in a fashion which is intended to be a minimal distraction to the service and to the participants.”
Hutchings must also notify the department at least 24 hours in advance if he or his church plan to hold services at a different venue or time. He must also “refrain from encouraging harassment of public or government officials.”
His lawyer, Neil Clements, told the court that his client plans to hold online church services “for the foreseeable future”.
Hutchings did not comment as he left court on Friday, walking past dozens of supporters waiting outside of the courthouse.
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