An Alberta restaurant owner, a Calgary street preacher and his brother have won an appeal against Alberta Health Services.
The appeal was filed in relation to three orders by Queen’s Bench Justice Adam Germain, which found Christopher Scott (owner of Whistle Stop Cafe), Artur Pawlowski and David Pawlowski in contempt of a May 6, 2021 injunction issued to Alberta Health Services. The order prohibits public gatherings as a result of the COVID-19 pandemic.
The Pawlowskis then appealed the contempt findings and sanctions. Scott is only appealing the sanctions.
Read more: Calgary pastor and brother appeal sanctions for violating COVID-19 rules
Leave aside the mobility and qualified speech provisions
In an appeals decision released Thursday, the Court of Appeals decided to strike down the mobility and qualified speech provisions included in all three of Germain’s orders.
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These regulations previously prohibited the three men from leaving the province except to attend to family emergencies or health matters. The regulations also require all three men to include a disclaimer when speaking out against government orders or recommendations at a public gathering and on social media.
According to the court, the regulations were not requested by AHS and the three men were not invited to make statements before Germain imposed them.
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The court also said that AHS had given written notice that it would agree to an order on appeal to remove the regulations.
Read more: Controversial Calgary street preacher Artur Pawlowski out on bail
Scott’s sanctions are lifted
In Thursday’s ruling, the appeals court decided to partially lift Scott’s sanctions, saying Germaine’s orders affected the restaurant owner’s constitutional rights and requiring the panel to consider new sanctions for the cafe owner.
Scott previously argued that Germain’s sanctions were excessive, disproportionate and violated his rights to mobility and freedom of expression.
The new penalties include three days in jail (already served), a $10,000 fine and eight months of probation (already served).
“We are convinced that the procedure followed by the Chambers judge in imposing the mobility and qualified speech provisions and the effect of those sanctions on Mr. Scott’s constitutional rights amounts to a fundamental error that requires us to reconsider the appropriate sanction against Mr. .Scott’s contempt,” the panel wrote.
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Read more: AHS drops lawsuit, pays legal fees to Alberta cafe that reopened despite COVID-19 rules
The Pavlovsky brothers win the appeal
The appeals court agreed with Artur and Dawid Pawloski’s argument that the order was not sufficiently clear and unambiguous, as indicated in Thursday’s ruling.
Because the court overturned the contempt findings against the two Pawlowskis, the sanctions also failed.
The court ordered Pawlowski to be reimbursed for the fines paid and also awarded costs against Pawlowski — approximately $15,733.50 — and ordered AHS to pay their costs.
© 2022 Global News, a division of Corus Entertainment Inc.
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