At least a handful of religious leaders across Western Canada are pushing back against provincial lockdowns and COVID-19 restrictions, saying the spiritual and communal needs of churchgoers are being given short shrift.

Arguing that the ability to attend church should be considered just as “essential” as going to the grocery store, some churches in recent weeks have held gatherings in open defiance of provincial rules.

It appears some cases could be headed to court.

Over the weekend, RCMP officers fined the Church of God in Sarto, Man., $5,000 and also issued citations of $1,296 each to six individuals after the church attempted to hold a drive-in service. According to the province’s latest public health order, “Religious and cultural gatherings must close or be provided virtually only.”

But lawyers with the Alberta-based Justice Centre for Constitutional Freedoms announced Wednesday they had sent a letter to Manitoba Premier Brian Pallister, threatening to file an injunction application if the province didn’t ease up on its prohibition of drive-in services.

“The concept of a drive-in religious service is a creative way that faith communities can carry out their religious services and provide community and encouragement to parishioners while ensuring compliance with social-distancing measures,” said the letter.

Jay Cameron, a lawyer for the justice centre, told the Star the restriction was completely unjustified and that such health orders need to undergo comprehensive debate in provincial legislatures.

“Liquor stores are open, marijuana stores are open, big box retailers are open, bars and restaurants in some places are open — and yet churches have been told to close,” he said.

“Lockdowns are destroying the community, they’re destroying social cohesion.”

It is “not a hopeless case” if the legal challenge is narrowly targeted at the prohibition of drive-in services, where people are presumed to be staying in their cars and not engaging in any physical contact, said Karen Busby, a University of Manitoba law professor.

That said, courts are generally reluctant to second guess government decisions, especially in those cases when the government is dealing with a new problem or a problem when there is conflicting or constantly emerging research, and acting to protect vulnerable populations, she said.

“When any of those circumstances are present, courts are reluctant to interfere with government choices,” she said.

Over in British Columbia, Brent Smith, pastor of the Riverside Calvary Chapel in Langley, joked to those assembled at his small church Sunday morning that, in hindsight, he should’ve chosen a different title for his sermon, “Letters from prison.”

Earlier that day, RCMP had fined the church $2,300 for violating a provincial order suspending all in-person gatherings and worship services.

After thanking those who had stuck around following an “eventful” start to the day, Smith proceeded to dive into his sermon covering letters written by Paul the Apostle during his house arrest in Rome, according to a recording of the service posted online.

“It’s been just a blessed morning. It really has,” he said.

Smith didn’t respond to the Star’s requests for comment Wednesday but in a statement over the weekend, his church told reporters, “If we have grounds to stand on then we don’t feel like we should close.”

“We certainly are not looking for a fight, we just believe there has been many inconsistencies with what is essential and we simply desire to worship our Lord in a safe and Biblical way.”

At least two churches in nearby Chilliwack, B.C. — Free Reformed Church and Free Grace Baptist Church — have also been holding in-person services, saying that new restrictions imposed earlier this month fly in the face of their charter-protected right to freedom of religion.

“The identification of what is and what is not an ‘essential service’ is certainly open for interpretation, but, in short, we believe that churches are essential, and that Christians are commanded by God to attend public worship,” Pastor James Butler told The Chilliwack Progress last week.

Chilliwack RCMP spokesperson Cpl. Mike Rail confirmed Wednesday that officers attended both churches and spoke with leadership. “Initial discussions were aimed at education and voluntary compliance. Despite this, both congregations did not comply with the Public Health Order.” No fines were issued.

One of the more high-profile religious leaders to express concern about government overreach on faith gatherings is Michael Miller, Catholic archbishop of Vancouver.

In a video posted on the Archdiocese of Vancouver YouTube channel, Miller said while he understood the need to beat the pandemic, he felt confused about why places of worship seemed to be singled out.

“It’s just puzzling when no evidence was offered about why religious gatherings were in some ways being singled out,” he said.

“It looks as if we were not treated on an equal basis.”

But Adrian Dix, B.C.’s health minister, told reporters Wednesday this was not a time to be questioning the restrictions and that everyone just needs to “dig in.”

“We need to come together now and follow (the orders) and work with each other and protect each other, which means no gatherings outside your immediate household,” he said.

“What was possible in August is not possible now. No amount of arguing or litigating will change that.”

Laura Beres, a professor of social work at King’s University College at Western University whose research encompasses spirituality, said that while spirituality is an essential element in many peoples’ lives, access to traditional religious services is not essential right now.

“In my local community, I have been impressed by the creativity of spiritual leaders in providing access to services online, via Facebook and, then, as restrictions were loosened, outside and with appropriate physical distancing and wearing of masks,” she said.

“Gathering in religious services provides the opportunity to feel connected to a community of shared faith, and to participate in meaningful and sacred rituals, but I have seen my local churches being able to provide some of this in ways they never would have had to consider previously.”

Joseph Wiebe, a professor of religion and ecology at the University of Alberta, offered a more blunt assessment. While “humans are as much soul as they are body … what, exactly, is the service rendered here in these gatherings that require amassing crowds of strangers?”

“If they’re feeling lonely, get a dog. If they want a sentimental experience, watch a holiday movie,” he said.

Wiebe went on to question whether some church leaders who were defying public health orders were allowing their egos to drive their decisions or operating with a mindset that their religious authority is above the law.

“At the end of the day, these folks are struggling with isolation and loneliness just like the rest of us, but think their personal needs supersede public health.”

Douglas Quan is a Vancouver-based reporter for the Star. Follow him on Twitter: