Sworn Affidavit: the Provincial Offences Court & the Church Court

 

 * The following was originally written in May of 2021 when I was still the pastor of Faith Presbyterian Church of the ARP.  Now that the trial is past I am free to share it publicly.  I have since removed some irrelevant sections and added italics and bold emphases in places. It was prepared originally because it was important for the court to understand why we were continuing to gather for worship even when forbidden to do so. I share it here because it is important for believers to understand why believers should continue to gather for worship even when forbidden to do so.

The Redacted Affidavit

1. I am the pastor of Faith Presbyterian Church in Tillsonburg (“FPC”) and as such I have personal knowledge of the facts and matters herein set forth, except where stated to be based on information and belief and where so stated I believe them to be true.

            Personal background

2. I completed my Masters of Divinity degree in 2008, after having completed a BA in psychology in 2003. I began pastoring in 2006 and was the pastor of a Baptist church for 5 years. In 2011, I moved to the Associate Reformed Presbyterian Church denomination, where I spent several months as an intern. In 2012, Faith Presbyterian Church in Tillsonburg was formed, as a new church plant, and I was its ordained minister of the Word and church planter. I have been a full time minister at FPC ever since.

            My religious beliefs, calling, and responsibilities

3. As a Christian I am called by God to keep the Christian Sabbath (Sunday) holy (Exodus 20:8-10). It is my understanding that the Sabbath is designed by God to be dedicated to private, family, and especially corporate (the term “corporate” referring to the gathered “body of believers”) worship (Leviticus 23:3). On that day, church elders, including me and my fellow elders at FPC, in obedience to God’s command, call the congregation to gather to worship Him (Leviticus 23:2, 21). 

4. For years I have taught the congregation that it is impossible to honour the Sabbath privately or virtually (Hebrews 10:25). We must gather together as a church at the times set by the elders, and when gathered we are to worship God in the way that God has commanded that we worship Him. I believe it is sinful to worship God in any other way than that which He has specifically prescribed (Exodus 20:4-6; Deuteronomy 12:29-32).

5. I also believe that Jesus Christ is the only Head and King of His universal Church (Colossians 1:16-18; ARP Form of Government 1.2). He has said that we are to render unto Caesar what is Caesar’s and to God what is God’s (Matthew 22:21). We understand, then, that there are some things that belong to our civil authorities (i.e. Caesar), but there are other things that belong to God. The Church and its worship are God’s not Caesar’s. That is to say, the Church and Christian worship are God’s to regulate and therefore cannot be regulated by anyone else. 

6. Since God has not left it up to us to decide how to worship, our church has consistently worshipped Him in the same way for years regardless of the changes taking place in society. We are required (for example) to sing, to pray, to read the Scriptures, to preach, to fellowship, to greet each other with a physical demonstration of affection, and to administer the sacraments of Baptism and the Lord’s Supper (Westminster Confession of Faith, 21, ARP Form of Government 3.1, 3.2). It is also my conviction that it is God alone who decides who can and cannot join us when we gather (1 Corinthians 5). 

7. It is my conviction that corporate worship is a non-negotiable principle.  God has defined public worship to include the physical gathering of his people. Furthermore, I cannot think of anything more essential. Other things may touch men’s physical and mental wellbeing, but worship honours and glorifies our Creator and Redeemer. God is worthy to be worshipped when and how He likes, and that reason is sufficient for the Christian (Revelation 4:11). Simply put, God deserves it, and God justly demands it. Moreover, worship is absolutely essential to the being and wellbeing of the souls of all people.

8. When my fellow elders and I first learned of the novel coronavirus, we were as concerned as anyone else. We did not know the impact the virus might have, but we had heard it was potentially very serious. However, it has been my conviction all along that while we can take some precautions, we cannot stray from the commandments of God even in an effort to save lives. I have held that conviction for two basic reasons. First, we are repeatedly admonished (as Christians) to concern ourselves with the duty God has given us to do, while leaving the consequences with Him (Deuteronomy 29:29; 1 Samuel 2:30; Matthew 6:33-34). Second, Jesus has told us that the soul which lasts forever is of more worth than the body (Matthew 16:25-26).

9. I have always believed it is my duty as a Christian to honour civil authorities, to pray for them and to obey all their laws except where those laws come into conflict with God’s laws. The fact that my fellow elders and I have found ourselves in conflict with recent provincial restrictions has been very painful for us. I deeply desire to be on the right side of the law. But my allegiance belongs ultimately to my Lord and Saviour Jesus Christ (Exodus 20:3; Acts 5:29; 1 Corinthians 10:31). 

10. If I were to comply with regulations that limit the number who can gather for worship, prayer and fellowship, or regulations that would limit what goes on when we do, I would be derelict in my duties as a Christian minister. That is something for which I would one day have to answer to God. Ultimately, the choice I am being forced to make – in this particular case – is whether to honour and obey God or honour and obey the civil authorities. I do not want to disobey my civil authorities, but I cannot and will not dishonour and disobey my King. He died to save me from my sins and I love Him for it (Isaiah 53:3-11). I owe Him everything and I count it a joy to live and die in His service. 

11. As a minister of the gospel I am responsible to God for the souls under my care (Acts 20:26-28; Hebrews 13:17).  I have been called as an ambassador of Christ to preach the gospel, to teach, and to care for the flock whom God has entrusted to me (Ezekiel 34).  In doing so I am to imitate Jesus Christ who is our Prophet, Priest and King.  Jesus told His disciples, “suffer little children, and forbid them not, to come unto me… and He laid his hands on them, and departed thence (Matthew 19:14-15).”  Jesus called people to come unto Him, He allowed them to throng about Him, to press in upon Him and touch Him.  He did not turn people away.  The sick in particular were brought to Him and He touched them.  My responsibilities include praying for and with the people, reading the Scriptures, preaching the Word, teaching, reproving, exhorting nd comforting, administering the sacraments, pronouncing blessings of God upon the people, officiating at weddings; and serving “with elders in all matters pertaining to the government, discipline, worship, and education of the congregation (ARP Form of Government, 9.6 A).”  I cannot fulfill this mandate which God has given to me virtually. 

Our Church’s beliefs, teachings, and religious practices

12. The Church is associated with the Associate Reformed Presbyterian Church denomination and follows the Reformed theological tradition. Thus denomination and FPC believe and teach that the Bible is the foundation for its faith and activity.

13. Prior to the COVID-19 restrictions, FPC had various ministries for men, women, and children on a weekly basis as well as worship services each Sunday (with Bible readings, prayers, sermons, and songs of worship). 

14. FPC, its leaders, and its members are committed to certain biblical beliefs and traditions and therefore hold the sincere religious belief that all Christians are called by God to gather communally, in person, to worship God.

15. FPC believes that the Holy Spirit ministers to the souls of believers through their gathering to worship God, hear His Word preached, and to receive the sacraments. The sacraments of the Church are the Lord’s Supper (also called “communion”) and baptism.

16. FPC teaches and believes that the Lord’ Supper illustrates the death of Christ, nourishes the spirit of believers, confirms the believer’s union with Christ, renews the believer’s thankfulness, and renews believers’ mutual love and fellowship for and with each other. This sacrament reminds members that they are all, together, members of the same body. 

17. FPC believes and teaches that Jesus Christ has appointed ordained ministers to administer this sacrament, to take and break the bread and to physically give both the bread and wine to the communicants; according to Church doctrine, this cannot be done remotely or “virtually”.

18. FPC ordinarily celebrates the Lord’s Supper at its Sunday service, ordinarily with all or nearly all members present, once every month.

19. FPC teaches and believes that baptism is a physical sign and seal of ingrafting into or spiritual union with Jesus Christ, of cleansing from sin by Christ’s blood, and of regeneration by the Holy Spirit, and resurrection to eternal life, and of admission into the visible church. The congregation participates by taking a vow to pray for and support the person being baptized. 

20. FPC considers regular church attendance to be essential in the lives of Christian believers.

21. FPC members and visitors benefit spiritually, but also emotionally, mentally, and physically from regularly attending worship services. I have observed that church attendance and participation helps to relieve people’s loneliness, anxiety, or depression.

22. Attending worship services is, for parents in FPC, a crucial part of raising their children to love and honour God and others as members of the church family.

The impact of government restrictions on me and the church congregation

23. The last year has been very difficult for our congregation for a number of reasons. I have seen the toll taken by the restrictions that have been imposed on us. It has been hard economically and emotionally for people. People have felt isolated, depressed, and afraid.  More than ever, they have felt the need for the Church. People need food but they need much more than that. They need fellowship, they need face to face contact with other people, and they need to be built up, encouraged and comforted, by regular times of corporate prayer and worship. 

24. It is moving to see someone who has been missing worship (due to the restrictions) join us for the first time. I have seen tears stream down their faces. I never saw this before, but now I am seeing people at times overcome with emotion because they have been forced to live without something that they have long deemed essential. I think it is important to recognize that most of these people have been attending worship weekly their entire life. It is not an optional addition to their life. It is central. Their lives revolve around it. 

25. As their pastor I am responsible to God for their spiritual wellbeing, but I also love them.  They are like family to me. Having seen the impact of the restrictions upon them and hearing from others across the country who have called or written to me, I cannot imagine now turning them away.

Opening the church and facing penalties for it

26. The decisions I have made over the course of the last year with regard to Covid-19 restrictions have not been taken lightly. I stood to lose a great deal. But as a follower of the Lord Jesus Christ and as a minister of the gospel, I simply have no other choice. Whether I gather with God’s people in public at the church or in secret, I must gather them. With God’s help I will always seek to honour and obey the civil authorities as far as I possibly can. But where there is any conflict, my allegiance belongs to Him.

27. My first encounter with civil authorities at our church occurred in November of last year. On November 15, 2020, two police officers entered the church foyer immediately following the service. This was disruptive and I observed that it frightened some people. After this incident, some people stopped attending the Church. On that day, the officers issued a warning to me because there were no signs posted to inform people to wear masks. No fines or summonses were issued to me or to the church elders in 2020.

28. During the December 26 to February 16 “lockdown” (restricting worship to 10 people), I was given a fine and issued summonses for leading religious worship services. 

29. Rather than shut down for eight straight Sundays from December 26, 2020, to February 16, 2021, my fellow elders and I decided to continue to hold worship services, though many members did not attend due to fear of civil penalties. 

30. On Sunday January 3, 2021, four police officers came to the Church during the worship service and waited outside. I believe from what I observed and heard from people afterwards that this was distracting and intimidating for the congregation. The officers asked to enter the building and I asked that they not enter. They respected my request, but issued me a fine of about $850.00.

31. On Sunday February 7, I again saw police officers waiting in the parking lot, with two police cars. After the church service, the officers knocked on the door and issued me a summons. There were two officers who came to the door. They were polite.

32. On Sunday February 14, police officers once again were present outside the church, but they did not issue a fine or a summons that day. There were three plain clothes officers and two police cars in the parking lot on this Sunday. To avoid the need for the officers to enter or knock on the doors of the church building as they had on past occasions, and out of courtesy, I approached the police outside to ask if they needed to give me another summons. A summons was issued weeks later, on March 10, regarding the February 14 incident, and sent to me by mail. 

* On June 15 I was called to the station and handed 4 more summons.