Two new articles have found their way to us that provide additional proof that there is no law forcing His Eminence Archbishop Sotirios to mandate communion with multiple spoons. Now as an aside, it might be good to have a debate over government control of communion and worship, as many of our churches are laboring under closures or severe restrictions. California and Nevada spring to mind. However, that debate is not even needed in this case, as frankly, there is no law compelling any of His Eminence’s actions and he has been amply notified of that.
The first evidence we have to share is from Nicodemos of the Orthodox World whose recent post outlines a very well conducted inquiry into the legalities of Holy Communion distribution in Ontario. If anyone was afraid of taking Holy Communion with the single spoon before (because of fear of fines and church closures, not because of fear of a virus), this very well researched document puts those fears to rest once and for all.
The article below is from Nick Dimitropoulos. Nick is a lawyer who has been looking extensively at the laws in Canada concerning communion. He mentions in the article that he gave this advice to Archbishop Sotirios that multiple spoons were not necessary under law, but that advice was apparently ignored.
His Eminence (Archbishop Sotirios) asked the individuals that claim there are no laws that require him to give communion by local spoons to read the law more carefully.
I answer as a lawyer in Ontario that the law that governs with respect to this Pandemic is the “Emergency Management and Civil Protection Act.” R.S.O 1990, Chapter E.9. (https://www.ontario.ca/laws/statute/90e09) and more recently the “Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O. 2020, c. 17.” https://www.ontario.ca/laws/statute/20r17)
Pursuant to these statutes the government was able to put in place certain orders and emergency measures to combat the Covid 19 pandemic.
Some of the orders that were made included but were not limited to the following:
1. Implementing any emergency plans.
2. Regulating or prohibiting travel or movement to, from or within any specified area.
3. Evacuating individuals and animals and removing personal property from any specified area and making arrangements for the adequate care and protection of individuals and property.
4. Establishing facilities for the care, welfare, safety and shelter of individuals, including emergency shelters and hospitals.
5. Closing any place, whether public or private, including any business, office, school, hospital or other establishment or institution.
6. To prevent, respond to or alleviate the effects of the emergency, constructing works, restoring necessary facilities and appropriating, using, destroying, removing or disposing of property.
7. Collecting, transporting, storing, processing and disposing of any type of waste.
8. Authorizing facilities, including electrical generating facilities, to operate as is necessary to respond to or alleviate the effects of the emergency.
9. Using any necessary goods, services and resources within any part of Ontario, distributing, and making available necessary goods, services and resources and establishing centres for their distribution.
10. Procuring necessary goods, services and resources.
11. Fixing prices for necessary goods, services and resources and prohibiting charging unconscionable prices in respect of necessary goods, services and resources.
12. Authorizing, but not requiring, any person, or any person of a class of persons, to render services of a type that that person, or a person of that class, is reasonably qualified to provide.
14. Consistent with the powers authorized in this subsection, taking such other actions or implementing such other measures as the Lieutenant Governor in Council considers necessary in order to prevent, respond to or alleviate the effects of the emergency.
Furthermore the Act permitted the Solicitor General to make regulations setting standards for the development and implementation of emergency management programs.
Regulations are rules having the force of law, prescribed by a superior or competent authority, relating to the actions of those under the authority’s control. Regulations are issued by various federal and provincial government departments and agencies to carry out the intent of legislation enacted by the Legislature.
One such regulation was regulation 52/20 dealing with organized public events and certain gatherings. This regulation dealt with in part religious services. At paragraph 6. 1(3) it states that “The persons conducting the wedding, funeral, service, rite or ceremony must ensure that it is conducted in compliance with the advice, recommendations and instructions of public health officials, including any advice, recommendations or instructions on physical distancing, cleaning or disinfecting.” Therefore under this regulation the church would have to comply with all the written guidelines of the health department. An example of a guideline or advice can be found on this link.
However effective July 17, 2020 regulation 52/20 is no longer in force. It has been replaced by O.Reg. 364/20 dealing with Stage 3. There is nothing in Regulation 364/20 that requires any individual or corporation to be in compliance with advice or guidelines of the Health Department. More importantly there is nothing in this new regulation that deals with how communion will be offered.
The revocation of regulation 52/20 has been brought to his Eminence ‘s attention via a letter to his legal representative.
So one has to wonder why are the spoons still being mandated if there is no legal requirement?
More importantly why is his Eminence not challenging this so called requirement from the Health Departments?
Furthermore his Eminence in various speeches and various press releases has indicated that the Archdiocese is concerned with potentially being fined up to 10 million dollars. However there is written correspondence from York Region Public Health and City of Markham Public Health that state:
1)”To date York Region Public Health has effectively worked with businesses and organizations to provide education and resources about COVID -19 prevention measures and have not levied any fines. Our intent is to educate and work with our community not fine them.” Based on this response the risk of being fined is negligible.
2) His Eminence has also indicated in his speeches that he was told verbally by the Toronto health Department to suspend or change the way holy communion was offered. However again in an email correspondence York Region Public Health States the following, “Given that we have discussed with you the best practice on opening places of worship and the fact that you have York Region’s fact sheet on the same, we will leave it to you and your leadership group how best to implement these recommendations at your place of worship.”
One has to question why His Eminence put out a directive in all of Ontario to change the way Holy communion is offered, when there is no specific complaint or directive from any health department other than the alleged directive from the City of Toronto? Especially when, as he says, it is not practical?
In closing there is no by-law, regulation, provincial or federal statute that I can find nor any direct or written order from any health department that requires the Greek Orthodox Church to change the way in which Holy Communion is offered.
I hope that with the above legal summary and the moving of the province to Phase III of reopening, his Eminence will reconsider his directive and return to the traditional and customary way of offering Holy Communion.
Yours truly,
Nick Dimitropoulos LL.B
It is our sincere hope that His Eminence, Archbishop Sotirios will pay close attention to this information and remove the multiple spoons this coming Sunday, when Toronto will have entered phase 3. He did say, during one of his sermons, that the multiple spoons are temporary. Let us see if he will keep his promise as there is no longer even the smallest question that our Holy Tradition of the Common Communion Spoon can be re-embraced once again beginning this coming Sunday.
In the meantime, however, please sign our petition on restoring the single spoon. It is imperative that Archbishop Sotirios and all other hierarchs know that the Orthodox Faithful of Canada and all North America support traditional communion.
Thank you Mr. Dimitropoulos – thank you and God bless you for shining light on the truth.