'You're free to go': Alberta judge acquits restaurant owner on trial for breaking law during pandemic

More than two years after he wasaccused of breaking pandemic-related public health restrictions, a Red Deer judge acquitted Whistle Stop Cafe owner Chris Scott.

The decision cameMonday after the prosecutor invited the ruling in light of a recent court decision finding the orders were invalid because they were imposed in a way that breached Alberta's Public Health Act.

"Mr. Scott I will acquit you of the charges, you're free to go," said Justice James Glass.

A courtroom packed with Scott's supporters erupted; clapping and cheering. Hugs and handshakes followed as he left the courtroom.

Christopher Scott was on trial for several charges, accused of breaching Alberta's Public Health Act when his restaurant, the Whistle Stop Cafe in Mirror, Alta., remained open in breach of an order banning large gatherings and in-person dining in January 2021.

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Scott was arrested by RCMPin May 2021 after staging a protest outside the restaurant despite a court injunction. In an email to CBC News at the time, Scott criticized politicians who allow"legislation that enables individuals to strip our fundamental rights and freedoms away with the stroke of a pen, without due process."

His trial began a year ago.

'Not a sustainable prosecution'

On Monday, ChiefCrown prosecutor Peter Mackenzie formally invited the judge to acquit Scott in light of a Court of King's Bench decision issued in late July by Justice Barbara Romaine, which found the decision-making process in a lawsuit called Ingram named after one of the plaintiffs breached the Public Health Act.

"The submission by the Crown is that it's not going to carry on with the prosecution of this case as a result of the decision in Ingram," said Mackenzie. "In that light, It's not a sustainable prosecution."

A lawyer for Alberta Health Services (AHS) told the judge the agency "takes no positionon Mr. Mackenzie's application."

• Role of politicians in pandemic restriction decision-making breached Alberta Public Health Act: Calgary judge

Scott's lawyer Chad Williamson issued a statement following his client's acquittal, calling the situation "a win for liberty a win for democracy."

"This represents an important lesson for politicians and for the executive powers in this province," wrote Williamson.

"If authority is exercised, it must be legal and in accordance with the legislation which confers such powers. Chris Scott was engaged in peaceful protest of the unlawful COVID mandates and we are still of the view that his prosecution was political in nature."

• Crown says it 'may apply' for court order quashing pandemic-related convictions, returning fines

Last week, the Alberta Crown Prosecution Service (ACPS) said in a written statement that 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 said 14 prosecutions, including the high-profile cases of Scott, pastor James Coates, and rodeo organizer Ty Northcott, remain before the courts.

Romain's decision found politicians made the final decision on the province's pandemic-related health restrictions instead of the chief medical officer of health (CMOH), which isn't allowed under the act.

The court action began in December 2020 when a group of plaintiffs including two churches and the gym owner, Rebecca Ingram filed a lawsuit arguing that pandemic-related public health measures were contrary to Alberta's Bill of Rights and unlawfully breached people'srights under the Canadian Charter of Rights and Freedoms.

Infringements 'justified'

Romaine ruled that 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.

But Romaine also ruled that even if the proper decision-making framework was in place, Albertans' constitutional rights would not have been violated.

Romaine found that any infringements on Albertans' rights that did occur were "amply and demonstrably justified" under the Charter because of the nature of the unprecedented public health emergency.