A Calgary preacher and his brother have successfully appealed their convictions for organizing public gatherings during the pandemic and their fines will be reinstated.
Twice in 2021, Artur and David Pawlowski were found in contempt of an Alberta Health Services order related to COVID-19 that limits the number of people allowed to gather and requires physical distancing and the use of masks for face.
Artur Pawlowski, a street church preacher, was sentenced to three days in jail and a $20,000 fine, while David’s sentence was three days in jail and a $10,000 fine. At sentencing, the brothers were also ordered to pay a total of $15,733.50 to AHS in costs incurred.
The violations were committed in the street church that the brothers manage, but the ban mentions the name of the church, not the Pavlovskys themselves. In their appeal to Alberta’s highest court, they argued that they could not be found in contempt of an order that was not made specifically against them.
In its ruling, the Alberta Court of Appeal determined that the language used in the order was open to interpretation and created “ambiguity and potential confusion.” The Pawlowski family’s conviction on the contempt of court charge was revoked, as was their probation. Their fines will be reinstated and AHS is ordered to repay the $15,733.50 awarded.
FINES REDUCED FOR WHISTLE STOP OWNERS
Alberta Health Services closed the Whistle Stop Cafe near Mirror on May 5, 2021.
The Court of Appeal also ruled on a related case involving a central Alberta restaurant.
Christopher Scott, owner of Whistle Stop Café in Mirror, Alta., was found in violation of an AHS injunction against him regarding unlawful public gatherings in June 2021. The conviction was related to an event he hosted outside his restaurant in May 2021 ., just days after the injunction was issued.
Scott was sentenced to three days in jail, fined $20,000, ordered to perform 120 hours of community service and placed on 18 months of probation. He was also ordered to pay AHS $10,922.25 in costs.
The restaurant owner is appealing the sanctions against him, not the contempt finding, claiming they are “excessive and disproportionate”.
The appeals court partially upheld the appeal, reducing Scott’s fine to $10,000, half of the original penalty, and allowing him to make monthly payments of $500 toward it.
His probation was also reduced to eight months, a length that has now expired.
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