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

Nearly 200 Albertans previously found guilty of breaking the province's pandemic-related public health orders could see their fines returned but the Alberta Crown Prosecution Service won't say how they plan to quash convictions.

Three weeks ago, Justice Barbara Romaine issued a 90-page decision, ruling the province's health orders were invalid because they breached the Public Health Act. 

Romaine found politicians made the final decision on health restrictions instead of the chief medical officer of health (CMOH), which isn't allowed under the Act. 

In light of that decision, the Alberta Crown Prosecution Service (ACPS) said last week that it would be taking steps to ensure the remaining 14 cases before the courts would see acquittals or stays of proceedings.

• Albertans could see pandemic-related charges withdrawn after ruling on Public Health Act breach

According to statistics provided by the province, of the 759 sets of charges laid during the pandemic, 176 resulted in convictions for breaching the Public Health Act. 

"The Alberta Crown Prosecution Service may apply to the Court of King's Bench for an order quashing the convictions on charges of contravening the COVID-related public health orders," wrote a spokesperson for the ACPS.

When it applies for an order to quash a conviction, ACPS says typically the Crown asks the court to order any fines that have been paid be refunded. 

"If the court grants the order the fines will be refunded," said ACPS.

'Legally complicated'

But ACPS would not provide further information as to what the plan is for the Crown to apply for quashing orders.

When CBC News asked if the process would be done on a case-by-case basis or as a blanket approach, ACPS said it "will deal with these matters in due course."

"All we're prepared to say at this point about quashing is what we've provided already."

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

The government faces an "uncommon situation on a file that engages serious interests and has implications for a number of groups of people," says Sarah Rankin, a defence lawyer who serves on the executive of several legal organizations in Alberta.

Rankin suspects the Crown isn't actually at a point yet where it knows how the process would work to get convictions quashed and fines returned.

"I think it's not too surprising that they appear to be taking time to research and consider how they can proceed and how they should proceed," says Rankin. 

"It's legally complicated, and you would want to get your nerdiest nerds on it."