Chris Scott, operator of the Whistle Stop Cafe, speaks during a May 8 rally in the cafe's parking lot against measures taken by government and health authorities to help curb the spread of COVID-19. (Jason Franson/The Canadian Press)

By Sheldon Spackman

Decision Forthcoming

Decision expected later this month for Whistle Stop Café operator accused of contempt of court

Jun 3, 2021 | 5:01 PM

A decision is expected later this month regarding a contempt of court allegation against the operator of the Whistle Stop Café in Mirror.

Following a contempt of court hearing on Thursday, Alberta Court of Queen’s Bench Justice Adam Germain reserved his decision regarding the allegation against Chris Scott to June 28.

Justice Germain indicated to the virtual courtroom that if no contempt is found, the matter would be closed. However, if he determines that Scott was in contempt of a May 6 court order prohibiting him from organizing, promoting, and attending an illegal public gathering, a sanction hearing would be scheduled.

According to court filings from Justice John D Rooke, Scott and anyone working with him 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 stated, was any gathering which did not comply with current orders handed down by the chief medical officer of health, including masking requirements, attendance limits and physical distancing.

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It went 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 the order, or that they have probable grounds to believe is contravening it.

Scott’s defence lawyer Chad Williamson and his colleague Ken Johnston, denied Scott was in contempt of the court order and lobbied a procedural argument before Justice Germain.

They argued a ‘fundamental principal’ of whether AHS had a duty to advise council of an ex-parte hearing.

Ashley McClelland, representing Alberta Health Services, countered that the defence’s argument had no relevance to a contempt hearing, describing contempt as an offence against the administration of justice, and further suggesting the court order was valid.

Scott has been ordered to appear virtually for Justice Germain’s decision on June 28.

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