A protest in 2021 at the Whistle Stop Cafe in Mirror, Alberta. (Canadian Press)

By Josh Hall (Twitter: @Vancan19)

restrictions "infringed" upon freedoms

Whistle Stop owner has sanctions relaxed by Court of Appeal

Jul 28, 2022 | 11:04 AM

Whistle Stop Cafe owner Christopher Scott has won a change to sanctions against him, doled out late last year in relation to a mass gathering he organized and promoted in May 2021.

Scott’s cafe, which is located in Mirror, about 66 kilometres east of Red Deer, was a hub for anti-COVID-19 sentiments throughout parts of the pandemic, and that led its owner into trouble with the law.

Last October, Scott was punished with three days in jail, satisfied by time served at the time of his arrest in May, plus a fine of $20,000. Scott was also placed on probation for 18 months, with conditions to stay in Alberta until his fines were 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 late November, at the Court of Appeal of Alberta, Scott asked for and was granted a partial stay of his sentence, pending appeal.

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In the same court, on July 22, 2022, his appeal was deemed reasonable, to a degree. Scott’s fine was reduced from $20,000 to $10,000, as was his probation from 18 to eight months. The three-day jail sentence, already served, was found to be appropriate. Costs of $10,922.75 he owes to AHS were also maintained.

In his appeal, Scott suggested that the sanctions were excessive and disproportionate, failed to follow a fair procedure with respect to the mobility and qualified speech provisions, and were demonstrably unfit and violated his Charter rights. Scott also asked for his fine amount to be reduced to what he had paid already.

Official court documents show Alberta Health Services — the primary respondent — never requested mobility or speech provisions, adding that they were crafted by the chambers judge instead.

“In this case, the restrictions imposed on Mr. Scott by the impugned provisions were unrelated to his contemptuous conduct and, in the circumstances, unreasonably infringe his freedom of expression and mobility rights,” the documents say in relation to the mobility and speech provisions.

In all, Scott was subject to all of these provisions for six weeks prior to the partial stay taking effect.

Documents go on to state that Scott’s conduct did show a deliberate disregard for the authority of the court, and that he proceeded with his public event in May 2021 despite being served an injunction days earlier.