Albertans on trial for breaching Public Health Act during pandemic to see charges dropped: Crown

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.

The move follows a court decision issued three weeks ago which 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.

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.

3 court cases affected next week

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 an "no more lockdowns rodeo rally" which saw hundreds of spectators gather at the event, 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. 

Hinshaw should have had final say: judge

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 when politicians, instead of the CMOH, made final decisions on health restrictions.

The decision is named after one of the plaintiffs, Rebecca Ingram, a gym owner whose business was affected by ordered closures and social distancing rules in 2020 and 2021.

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

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

While the Alberta government conceded that some of the restrictions infringed on Albertans' rights, Romaine found others did not. She 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.