Following its loss in Ingram v. Alberta, Alberta Crown Prosecution Services has concluded that "there is no longer a reasonable likelihood of conviction in relation to Public Health Act charges involving the contravention of the disputed orders from the Chief Medical Officer of Health."
Albertans on trial for breaching Public Health Act during pandemic to see charges dropped: Crown | CBC News | Meghan Grant
August 23, 2023 - "Albertans still facing charges for breaking pandemic-related laws are off the hook after a court decision ruled the province's health orders were invalid because they breached the Public Health Act....
"On Wednesday, the Alberta Crown Prosecution Service (ACPS) said in a written statement it has concluded 'there is no longer a reasonable likelihood of conviction in relation to Public Health Act charges involving the contravention of the disputed orders from the Chief Medical Officer of Health.' ACPS says 14 prosecutions, including the cases of pastor James Coates, Whistlestop Cafe owner Christopher Scott and rodeo organizer Ty Northcott, remain before the courts.
"CBC News received statements from two prosecutors who confirmed they will invite judges to issue stays or acquittals on three COVID-19 related prosecutions next week.
"Pastor James Coates was charged in February 2021 after holding church services in breach of government-imposed public health measures, including restrictions on the number of people allowed at gatherings and physical distancing and masking requirements. In an email to CBC News, prosecutor Karen Thorsrud confirmed she will not call further evidence in the cases against Coates or his church, Gracelife, and will 'invite the court to acquit both defendants of all charges.'
"Christopher Scott was on trial for several charges, accused of breaching Alberta's Public Health Act when his restaurant, the Whistle Stop Cafe, remained open despite an order banning in-person dining in January 2021. Calgary Chief Crown prosecutor Peter Mackenzie said when Scott is in court next week, he plans to invite the judge to issue an acquittal.
"Mackenzie is also in charge of the Northcott Rodeo prosecution. In May 2021, Ty Northcott organized a 'no more lockdowns rodeo rally' ... which was held just south of Red Deer. Last month, Northcott and his company Northcott Rodeo were found guilty of violating the Public Health Act. Sentencing had not yet taken place and Mackenzie says he has told the defence lawyer that he will concede a Charter breach and will invite the judge to enter a judicial stay.
"On July 31, Court of King's Bench Justice Barbara Romaine issued her 90-page Ingram decision, ruling Alberta's Public Health Act was breached.... Romaine found former Chief Medical Officer of Health Dr. Deena Hinshaw made recommendations and ultimately implemented the restrictions, but it was cabinet which wielded the final decision making power. Alberta's Public Health Act does not allow for the CMOH to delegate her decision-making powers to politicians.... [Romaine] also ruled the infringements that did occur were 'amply and demonstrably justified' under the Charter because of the nature of the unprecedented public health emergency.
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