(rdnewsNOW file photo)

By Alessia Proietti

AHS: will take four weeks for documents

Whistle Stop Cafe owner Christopher Scott trial extended

Sep 1, 2022 | 11:12 AM

Requested documents were not able to be produced for the trial of Café owner Christopher Scott, leading to an extension.

At the Red Deer provincial courthouse (4909 48 Ave) on Wednesday, Scott’s second day in trial, continued to cover his alleged breaking of pandemic-related public health orders at his business, the Whistle Stop Café (48 Ave, Lacombe County) outside the hamlet of Mirror between January and April 2021. He has nine charges in contravention of the Alberta Health Act for serving dine-in food and hosting gatherings, and more.

READ: Two-day trial begins for Whistle Stop Cafe owner’s alleged breaking of pandemic public health orders

Scott’s lawyers, Chad Williams and Yoav Niv, questioned witness Ian Plischke, public health inspector for Alberta Health Services (AHS), on Tuesday. They discovered that Scott and his business were discussed in conversations between Plischke, other inspectors and superiors, prior to the initial inspection in January 2021, stemming from complaints made to AHS.

As a result, Scott’s legal counsel made an application for disclosure to receive all correspondences, including emails, and personal and meeting notes, to and from Plischke between December 2020 and April 2021 regarding Scott. Plischke was to provide these documents to the court by noon Wednesday and to continue cross-examination at 2 p.m.

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However, given the short notice, Plischke told Crown prosecutor, Peter Mackenzie, he could not produce the documents in time. He claimed on Wednesday that AHS said it would take four weeks to prepare and thoroughly complete their archival process.

The morning portion of the trial began with the questioning of two more RCMP officers as witnesses further confirming details of visitations from health inspectors to the Café.

Scott’s lawyers proceeded with Plischke’s cross-examination nonetheless in the afternoon, calling his memory “selective” as the health inspector did not recall various details upon questioning.

The goal, according to Niv, was to show that it was the combined work between the RCMP and the health inspector that caused Scott to later receive hefty punitive damages following a protest in May, with three days in jail, a $20,000 fine, 18 months’ probation, 120 hours of community service and more.

READ: Whistle Stop owner has sanctions relaxed by Court of Appeal

Williams questioned Plischke’s note-taking for accuracy, asking for clarification on whether guests seen at the Whistle Stop Café had ordered food or had brought their own, if people were at the Café for the purpose of protesting or simply passersby, and if complaints about COVID-positive customers were ever verified with proof of tests or doctors’ notes.

Finally, Plischke agreed with the lawyers that Scott complied with most restrictions, including the wearing of a mask when in a gathering. However, Williams stated Scott complied up to the point where his right to protest was infringed upon. Following the removal of pandemic restrictions, he states Scott no longer protested.

A new set of trial dates, likely two days in length, will be determined on October 4.