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In a significant preliminary victory for religious freedom and freedom of expression, the Quebec Superior Court has rejected the City of Montreal’s motion to dismiss a judicial review application brought by the Church Ministerial Restoration.

The church, which hosted American Christian worship leader Sean Feucht last summer, was fined $2,500 by municipal authorities who classified the event as an unpermitted concert violating zoning bylaws.

Mark Joseph, a lawyer representing the church through The Democracy Fund (TDF), explained the stakes plainly. “We, TDF, believe this is a civil liberties violation, obviously, because people across Canada have the right to free speech and freedom of worship,” Joseph said. “Just because people are singing in a church or a mosque or synagogue… doesn’t mean that the government can step in and forbid that on the pretext that there’s a zoning bylaw that says you can’t.”

The case stems from intense backlash to Feucht’s appearance. Far-left protesters targeted the church, with one individual — later identified as Department of National Defence employee Gabriel Lepage — allegedly throwing smoke bombs inside during the service. No charges have been laid.

Meanwhile, the City of Montreal issued the infraction, prompting TDF to challenge it directly at the Superior Court rather than the municipal level.

“The city… filed a motion to dismiss that application,” Joseph recounted. “And so what happened a few days ago is the judge… ruled in favour of the church and said, no, the city cannot dismiss this application for judicial review. This application for judicial review will go ahead in the superior court.”

Joseph described the city’s aggressive posture as telling: “It shows that they’re fighting every step of the way on this. Instead of… coming to terms with the problem here, they’re going to engage in a war of attrition.” The next phase involves exchanging affidavits, possible cross-examinations, legal briefs, and a full hearing.

Joseph indicated that TDF lawyers are considering subpoenaing city officials to testify about the decision-making process, especially after a mayoral spokesperson publicly declared the event “runs counter to the values of inclusion, solidarity, and respect that are championed in Montreal” and labelled it “hateful and discriminatory speech.”

“This is going to maybe set the precedent for religious freedom and freedom of expression in a place of worship,” Joseph emphasized. “If it’s found that the city can fine or prohibit worship whenever there’s some sort of musical performance in a place of worship, that’s going to… massively infringe the rights to freedom of worship and expression for religious people and others across Canada.”

The case has drawn intervenor interest from other religious organizations, underscoring its broader implications for Canadian civil liberties.