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The Democracy Fund has filed written materials seeking leave to appeal the decision convicting Church in the Vine and Pastor Tracy Fortin of occupational health and safety offences.

Fortin was convicted in April 2022 of constructing OHS inspectors seeking to inspect the church for COVID compliance while worship services were ongoing.

NEWS RELEASE 🚨

TDF files written materials seeking leave to appeal decision convicting Edmonton church and pastor:

Alberta Pastor Tracy Fortin seeks leave to appeal obstruction conviction and a fine of $80,000.

Read our official news release here: https://t.co/d6Qcr6a4ns pic.twitter.com/fYFP0QN9Rh

— The Democracy Fund (@TDF_Can) April 28, 2023

The Democracy Fund lawyer James Kitchen, of Liberty Coalition Canada, argued that the inspector’s actions breached Fortin’s right to freedom of religion.

The court refused a hearing on Charter issues. According to a TDF press release Friday:

Kitchen, whom TDF has now retained for the leave application, argues the court erred in dismissing Fortin’s Charter application without an evidentiary hearing. He states this error will have “broad impacts…for years to come.”

Aside from the Charter issue, Kitchen argues the court erred in taking judicial notice of certain unproven facts with respect to the spread of COVID-19 when it came to sentencing Fortin. He also argues that the $80,000 fine was not a fit and just sentence in the circumstances of this case.

The Democracy Fund (TDF) is a registered Canadian charity with a focus on civil liberties litigation and education. Donations to TDF qualify for a charitable tax receipt.