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By Josh Hall (Twitter: @Vancan19)

pre-emptive action

Injunction granted against Whistle Stop ahead of planned weekend gatherings

May 6, 2021 | 7:21 PM

One day after Alberta Health Services closed down a central Alberta eatery for repeatedly breaching public health orders, the health authority announced Thursday evening it has taken further legal action against the operator.

AHS says the operator of the Whistle Stop Café in Mirror has continued to break COVID-19 public health restrictions, therefore Court of Queen’s Bench has granted a pre-emptive injunction against a planned protest and other events advertised for this weekend.

The big one is billed as the Save Alberta Campout Protest, scheduled for May 8 & 9 at the Whistle Stop grounds in Mirror. Another advertises the ‘Largest protest the province has ever seen’ on May 7 & 8, also at the Whistle Stop.

A third poster for 1 p.m. on May 8 invites Premier Jason Kenney, Health Minister Tyler Shandro, Justice Minister Kaycee Madu and Chief Medical Officer of Health Dr. Deena Hinshaw to participate in a ‘debate and discussion with Albertans.’

Meantime, Court filings name Christopher Scott, the Whistle Stop’s owner, and Glen Carritt, former Innisfail town councillor and 2021 mayoral candidate.

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The filings state that those named and anyone working with them or independently to like effect, shall not organize an in-person gathering, promote an illegal public gathering via social media or otherwise, nor attend an illegal public gathering in any public or private place.

An illegal public gathering, it states, is any gathering which does not comply with current orders handed down by the chief medical officer of health, including masking requirements, attendance limits and physical distancing.

It goes on to say that any police officer or peace officer is authorized to use reasonable force in arresting and removing any person who has notice of this order, or that they have probable grounds to believe is contravening it.

“AHS strongly condemns the intentional disobeying of COVID-19 public health restrictions,” the health authority states. “It is extremely disappointing that people would knowingly put their fellow Albertans at risk by ignoring the current rules, particularly with increasing cases and the growing pressure on our healthcare system.”

AHS adds that it does not issue tickets or fines, which fall under law enforcement, and does not grant or revoke business licenses, which are the domain of municipalities. It does, however, issue closure orders for continued or serious breaches of public health orders, and has done so on several occasions.

“For several weeks, AHS has attempted to work collaboratively with the operator of the Whistle Stop Café to address the ongoing public health concerns at the site. Additionally, AHS has attempted to work with the property owner prior to taking such action,” AHS adds.

“Every effort has been made to work collaboratively with the operator as well as the property owner to come to a resolution before progressing to further enforcement action. At this time the operator of the Whistle Stop Café has decided not to follow these mandatory restrictions, despite efforts by AHS and other partners, nor have they attempted to work to reduce the risk of COVID-19 transmission.”

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