(File photo)

By Josh Hall (Twitter: @Vancan19)

BREACHED PUBLIC HEALTH ORDERS

Partial stay of enforcement granted for Whistle Stop owner

Dec 2, 2021 | 11:18 AM

The owner of a central Alberta restaurant sentenced earlier this fall for breaching public health orders in the spring has been granted a partial stay pending appeal.

Christopher Scott, who runs the Whistle Stop Cafe in Mirror, was sentenced in October for organizing, promoting and attending an illegal mass gathering outside his establishment in May.

His punishment was three days in jail, satisfied by time served, and a fine of $20,000. Scott was also placed on probation for 18 months, with conditions to stay in Alberta until his fines are paid, keep the peace, be of good behaviour, obey all Alberta Health Services (AHS) public health orders relating to COVID-19, and provide 120 hours of community service of not less than 10 hours per month.

Furthermore, he was told that he must place the scientific community’s claims regarding COVID-19 on the record whenever he is publicly opposing AHS public health orders, including on social media forums, and finally, he was to pay over $10,000 in damages to AHS.

In the Court of Appeal of Alberta on Nov. 25, with Scott listed as the appellant and AHS the primary respondent, Scott asked for a partial stay of his sentence. He advised that pending the appeal, he would be willing:

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• to keep the peace and be of good behavior;

• to obey orders issued by the Chief Medical Officer of Health under the Public Health Act and grant access to public places under his control for the purpose of inspection to determine his compliance with such orders; and

• to continue making the prescribed payments of $500 per month of any fines and/or costs which may ultimately be due upon adjudication of his appeal.

The Alberta Rules of Court state that a stay pending appeal can be granted if the applicant can establish that:

1. there is a serious question to be considered on appeal,
2. the applicant will suffer irreparable harm if the stay is not granted, and
3. the balance of convenience favors granting the stay.

In court, the Honourable Justice Jo’Anne Strekaf concluded by granting the partial stay of enforcement with respect to the qualified speech and travel restriction provisions of Scott’s sanctions.

Artur Pawlowski, Dawid Pawlowski and John Doe(s) were also listed in court documents as respondents, though not party to the appeal. Artur Pawlowski, a Calgary pastor, and brother Dawid, received a similar sentence to Scott’s also for arranging an illegal gathering last May.

A new court date for Scott has not yet been set.

READ MORE: Central Alberta café owner sentenced for breaching public health orders