Court documents obtained by CBC News allege that church officials continued to hold services that violated the province's Mandatory Order. 

The Saint John pastor has made several court appearances to answer to charges his church services were in violation of COVID-19 rules, and was jailed for a week in October for failing to live up to an agreement reached in court.

An affidavit in the court file from Leanne Becker, an investigator with the Department of Public Safety, alleges that as recently as Dec. 5, the church held a service that did not follow COVID-19 protocols. 

Becker said, "I did not see anyone recording names or contact information. Very few people were wearing a mask. Individuals were singing during the service." 

                                                        A social media post made by Jamie Hutchings in late November with a photograph of her wearing a T-shirt. The photo was under the banner "CHURCH MERCH AVAILABLE TOMORROW." (Facebook)

Becker also notes a social media post by Hutchings, dated Nov. 29, "showing what appears to be a church service being held inside of a tent, with no one wearing masks. It does not appear that social distancing requirements were being respected, and it seems as though they were singing."

In her affidavit, Becker said she informed the church and its director before the Dec. 5 service that the tent was an "enclosed place" and therefore, the service would be subject to the restrictions on indoor services. 

Despite the warning, she said, the service went ahead with "very few masks" and several other infractions of the Mandatory Order.

She also noted social media posts by Hutchings's wife. In a Nov. 20 Facebook post, Jamie Hutchings advertises that "church merch" would be available the next day. The post includes a picture of Jamie Hutchings wearing a T-shirt with the words, "My pastor went to prison for having church." 

On Tuesday, the Attorney General of New Brunswick filed a motion with the Court of Queen's Bench to have Philip Hutchings, Jamie Hutchings, the church itself, and two directors of the church — Dana and Cody Butler — found in contempt.

That hearing has been scheduled for 2 p.m. on Friday. 

Social media posts tip off province

According to court records, the church first came to the province's attention in September, when Hutchings posted on social media that his church would operate at full capacity and wouldn't require masks or proof of vaccination. 

The province's updated emergency order said churches must choose between requiring proof of vaccination or holding services at 50 per cent capacity with distancing, contact tracing lists and no singing. Masks are mandatory with either option.

The emergency order also gives peace officers the authority to enter any building without permission to ensure compliance with the rules. 

On Oct. 1, an official with the province contacted Hutchings and explained the rules. He agreed to comply, according to the court file.

Two days later, another official attended Sunday service at the church. According to her affidavit, she was the only person wearing a mask. She said no one asked for proof of immunization, there was no physical distancing, and there was congregational singing. 

Officials with His Tabernacle Family Church leave the Saint John courthouse on Oct. 29 after agreeing to follow the province's Mandatory Order. From left, Jamie Hutchings, Dana Butler, Philip Hutchings, and Cody Butler. (Graham Thompson/CBC)

The officer left after about 10 minutes, saying she was uncomfortable "due to the COVID risks at this service." 

Hutchings was then fined for non-compliance on Oct. 6.

On Oct. 8, the province went to court to get an "interlocutory order" to shut down the church for continued non-compliance, but Hutchings signed the consent order, agreeing to "make all reasonable efforts to ensure compliance" with the rules governing faith-based gatherings. 

Two days after the agreement was signed, Public Safety visited the church and videotaped people coming and going freely and not wearing masks, including footage of an unmasked Hutchings coming to the door of the church.

That's when Hutchings and his followers raised the ire of Court of Queen's Bench Justice Hugh McLellan. 

Hutchings appeared before McLellan on Oct. 15 and walked out in the custody of Sheriff's officers. 

McLellan said the remand was necessary to protect the public. He pointed out that just one week earlier, Hutchings had promised to abide by the rules that apply to church services. 

McLellan said Hutchings "mocked" the order two days later. As a result, he said he had concerns about the pastor's "personal credibility."

When a more repentant Hutchings returned to court one week later, he admitted to contempt of court, and agreed to abide by a number of conditions imposed by the court. 

Eventually, Hutchings, and Dana and Cody Baker, would all be given a stern lecture by the judge before they signed another agreement to obey the rules. 

"I want to be clear," McLellan told them. "You could end up going to jail if there's a violation of this."

He stressed that the directors were being held personally responsible for the actions of the church. And just to make sure they understood, he made them all initial that section of the already-signed original document.