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

With five total witnesses, including four RCMP officers and one public health inspector, the trial began with Officer Bruce Franklin Holliday, Sergeant at the time for the Bashaw detachment, covering Mirror.

Sgt. Holliday said, as the RCMP was in a “partnership” with Alberta Health Services (AHS) throughout the pandemic to “ensure public safety”, he was one of the officers called to assist and accompany public health inspectors when visiting the Whistle Stop Café.

He described Scott’s first notice of infraction on January 22, 2021 when AHS ordered the Café to comply with Alberta’s Chief Medical Officer of Health’s (CMOH) restrictions to cease dine-in services. He recounted that while Scott expressed his awareness of restrictions, he said he was still going to serve food.

Refusing to comply, Sgt. Holliday says they visited Scott another time in January and again on February 3, 2021.

When questioned by Niv, Sgt. Holliday agreed with the statement that the Café owner was always respectful, friendly, polite, speaking in a natural tone of voice and saying things like “sorry for wasting your time”. Sgt. Holliday also agreed that Scott was a “vocal opponent of the political aspect of lockdown measures” and his “civil disobedience” was not with the belief that the COVID-19 virus did not exist or against vaccinations, but rather protesting the impact of measures on small businesses and the lack of consultation with owners.

The second witness to take the stand was AHS public health inspector and Executive Officer Ian Plischke, an industry veteran of 31 years.

Plischke said Scott held an entertainment event at the Café on April 10 attracting approximately 200 people. On April 15, AHS issued a notice of full closure on the Café. In June 2021, AHS Environmental Health approved an application from the operator for a new food handling permit.

When asked by Williams if he put the padlock on the Café doors himself, Plischke said he could not remember, reverting back to his notes throughout his testimony, to later confirm he did.

Although stating Scott was always respectful to him, Plischke says he called for RCMP accompaniment following the volatile and tense environment created by supporters online.

Williams asked why tickets weren’t ordered for individuals present at the gatherings without wearing masks or socially distancing, which were also public health orders at the time. Plischke responded that AHS was not in a “partnership” with RCMP but rather officers were granted the power to enforce public safety orders.

As the proceedings covered events up until April 2021, the May 8 protest where Sgt. Holliday arrested Scott was not discussed.

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Plischke said inspection into the Café was motivated by 413 public complaints made to AHS regarding the business. Stating public health inspectors do not need directives to visit locations, he admitted that discussions took place with his superiors prior to the initial visit in January 2021.

Scott’s lawyers, therefore, made an application for disclosure for all emails, correspondents and notes to and from Plischke between December 11, 2020 and April 30, 2021 to investigate if planning was made to target Scott’s business prior to the initial inspection.

Plishcke is to return these documents by noon Wednesday to resume cross-examination at 2 p.m. He does have the opportunity to notify Mackenzie if he cannot fulfill the request in the allotted time.

Day two of the trial will continue with the two remaining RCMP witnesses. Mackenzie stated the trial may be longer.

by Alessia Proietti

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

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