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

COURT RULES AGAINST WHISTLE STOP OWNER

Café owner found guilty of breaching public health orders

Jun 28, 2021 | 11:26 AM

The operator of a central Alberta café has been found guilty of contempt for breaching public health orders.

Alberta Court of Queen’s Bench Justice Adam Germain ruled on Monday that Christopher Scott, operator of the Whistle Stop Café in Mirror, was guilty beyond a reasonable doubt of being in contempt of a May 6 court order prohibiting him from organizing, promoting, and attending an illegal public gathering.

Scott was arrested on May 8 during a rally outside the café that drew hundreds and charged under Section 73(1) of the Public Health Act for failing to comply with the order.

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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.

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”.

In his ruling Monday, Germain says Christopher Scott openly flaunted the efforts of Alberta Health Services (AHS) to control the third wave of the COVID-19 pandemic and operated his business in defiance of public health orders that restaurants remain closed at that time.

Germain further noted Scott was a vocal objector to the AHS health orders and was openly encouraging gatherings contrary to both health orders and court orders. He concluded in his summary that Scott had ample knowledge of the court order, and suggested the breach of them was willful and deliberate, with no legally recognized excuses.

Brothers Artur and Dawid Pawlowski, who are connected with a Calgary street church and were also facing contempt charges, have also been found guilty of breaching various public health orders.

A sanctioning hearing for all three men is scheduled for July 27.