Charges dropped against Whistle Stop Cafe owner for breaches of pandemic public health orders

“This is the end of me worrying that I’m going to get fined into oblivion, but this is just the beginning of pursuing some reform in this province and fixing things so that people never have to go through this again,” said Scott outside the court room. “Holding people accountable who unlawfully took authority that never belonged to them in the first place.”

THE REASON

The decision stemmed partially from one made in a similar case earlier this month in Calgary. Referred to as the Ingram case, a group of plaintiffs involving a gym owner and two churches filed a lawsuit, stating that pandemic-related public health measures went against Alberta’s Bill of Rights and the Charter of Rights and Freedoms.

Court of King’s Bench Justice Barbara Romaine ruled that the Public Health Act was breached as politicians made the final decisions on imposed restrictions rather than the required chief medical officer of health (CMOH), Dr. Deena Hinshaw at the time.

Romaine ruled that restrictions did not violate the Charter due to the reasonable limit standards in Section 1.

This same justification, and thus the same ruling, were used for Scott.

Scott’s lawyer, Chad Williamson, said while the orders may not have been malicious, they were unreasonable and unlawful on a technicality.

This same justification was also used in October 2022 when the Alberta government did not permit mask mandates to be placed on children in schools. The decision was appealed by the Alberta Federation of Labour and parents of a group of immunocompromised children, stating the decision was made by government rather than the CMOH.

READ: Premier Smith won’t permit mask mandates in schools

Williamson added that in the future, government would either need to change its legislation to give cabinet the final say or comply with the legislation. However, Scott voiced concern with the impartiality of CMOHs.

Christopher Scott and his partner (front) walk out of the Red Deer Court of Justice on Monday. (rdnewsNOW/Alessia Proietti)

PANDEMIC TENSIONS

Williamson said one of the main reasons various Albertans took issue with the restrictions was because they appeared to be arbitrarily applied to some rather than all.

“Big box stores were able to operate with impunity […] but a little diner in Mirror that services a community that’s far away from everywhere else, well they got the big hand of government come down upon them. Is it right that a guy can go and buy a TV during a pandemic but an elderly resident of somewhere in or around Mirror can’t go for and have a meal prepared for them in a small diner, especially if they can’t cook? I think that it’s inhuman to go after some people and not others and produce a policy that’s not consistent,” he said.

Scott expressed that credible voices who sounded the alarm to the morality and effectiveness of restrictions were ignored during the pandemic. He claimed that provincial judges didn’t ensure rules were lawful and separation lines were blurred between government and the Crown.

When asked about the media’s role in the pandemic, Scott said he did not have a problem with them as, similarly to politicians, they do what they believe is popular.

“Unfortunately, what people believed was popular through this was status quo, not questioning, and blindly following whatever they saw,” he said. “Men and women across this country said goodbye to their loved ones over an iPad. I can’t even convey the amount of stories that I’ve heard like that.”

MOVING FORWARD

In May 2021, Scott attended a pandemic rally where he was found guilty of breaching public health orders, spending three days in jail with a $20,000 fine. He says the one thing he regrets is signing the bail conditions that day to keep the peace, obey all Alberta Health Services (AHS) pandemic public health orders, provide community service and other conditions. He said while he accepted on the advice given to him, sometimes what is in your “best interest” should be put aside to endure tribulations that would lead to change.

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

Williamson said in today’s case, Scott could have faced tens of thousands of dollars in fines by the Alberta Gaming and Liquor Commission and on the Public Health Act, which start at $1,200 per day per breach, as well as incarceration.

He added that the acquittal is bittersweet as they were in the middle of getting an examination of AHS health inspectors and a third-party records disclosure application. During Scott’s two-day trial in September 2022, Scott’s legal counsel made the application after discovering electronic conversations were had by internal AHS staff regarding the case. On previous disclosure orders, he said that staff made “unsavory” and mocking remarks about the matter.

He claims the proceedings took longer than it should have due to AHS not providing the documents in a timely manner. He said he plans to persist with disclosure of the documents.

READ: Whistle Stop Cafe owner Christopher Scott trial extended

Williamson said other pandemic-related cases he is covering are likely to see acquittals if the underlying legislation is found to be invalid. Tyler Northcott, organizer for the No Lockdowns Rodeo, is expected to be in Red Deer court this Thursday while Wesley Langlois, owner of a local diner fighting a pandemic-related ticket, will be in court on September 15.

Scott said he will be at the Alberta government’s Annual General Meeting in November to discuss certain policies and encouraged Albertans to attend.

AHS responded to rdnewsNOW that they had no further comment on the case.

by Alessia Proietti

Charges dropped against Whistle Stop Cafe owner for breaches of pandemic public health orders

What's Trending