Calgary preacher's public gathering violation conviction set aside, fine reimbursed
A Calgary preacher and his brother have successfully appealed their convictions for hosting public gatherings during the pandemic and will have their fines reimbursed.
Twice in 2021, Artur and Dawid Pawlowski were ruled to be in contempt of a COVID-19-related Alberta Health Services' injunction that limited the number of people permitted to congregate and required physical distancing and the use of face masks.
Artur Pawlowski, a Street Church preacher, was sentenced to three days in jail and fined $20,000 while Dawid's sentence was three days in jail and a $10,000 fine. During sentencing, the brothers were also ordered to pay a total of $15,733.50 to AHS for costs incurred.
The violations occurred at the Street Church the brothers operate, but the injunction named the church, not the Pawlowskis themselves. In their appeal to Alberta's highest court, they claimed they could not be found in contempt of an injunction that was not made against them specifically.
In its decision, the Court of Appeals of Alberta determined the language used in the injunction was open to interpretation and created "ambiguity and potential confusion." The Pawlowskis' conviction on the contempt charge was set aside as well as their probation. Their fines will be reimbursed and AHS has been order to return the $15,733.50 it was awarded.
WHISTLE STOP OWNER'S FINES REDUCED
Alberta Health Services shut down the Whistle Stop Cafe near Mirror on May 5, 2021.
The appeal court also ruled on a related case involving a central Alberta restaurant.
Christopher Scott, the owner of the Whistle Stop Café in Mirror, Alta., was found to have been in contempt of an AHS injunction against him regarding illegal public gatherings in June 2021. The conviction was related to an event he hosted outside his restaurant in May 2021, mere days after the injunction was granted.
Scott was sentenced to three days in jail, fined $20,000, ordered to complete 120 hours of community service and placed on 18 months' probation. He was also ordered to pay AHS $10,922.25 to cover costs.
The restaurant owner appealed the sanctions against him, not the contempt finding, claiming they were "excessive and disproportionate."
The court of appeal partially granted the appeal, reducing Scott's fine to $10,000, half of the original penalty, and permitted him to make monthly $500 payment toward it.
His probation was also reduced to eight months, a duration that is now complete.
CTVNews.ca Top Stories
Documents reveal Ottawa's efforts to get Loblaw, Walmart on board with grocery code
It was evident to the federal government as early as last fall that Loblaw and Walmart might be holdouts to the grocery code of conduct, jeopardizing the project's success.
opinion The special relationship between King Charles and the Princess of Wales
Royal commentator Afua Hagan writes that when King Charles recently admitted Catherine to the Order of the Companions of Honour, it not only made history, but it reinforced the strong bond between the King and his beloved daughter-in-law.
'I just want to be safe': Ukrainian man in Canada faces limbo amid consular freeze
A recent decision to restrict consular services for fighting-aged Ukrainian men has made a Ukrainian man in Canada feel less certain of his next steps — and worried he could be pulled back to the war.
Dozens of U.S. deaths reveal risks of injecting sedatives into people restrained by police
The practice of giving sedatives to people detained by police has spread quietly across the U.S. over the last 15 years, built on questionable science and backed by police-aligned experts, an investigation led by The Associated Press has found.
Improve balance and build core strength with this exercise
When it comes to cardiovascular fitness, you may tend to focus on activities that move you forward, such as walking, running and cycling.
Expert warns of food consumption habits amid rising prices
A new survey by Dalhousie University's Agri-Food Analytics Lab asked Canadians about their food consumption habits amid rising prices.
Charlie Woods, son of Tiger, shoots 81 in U.S. Open qualifier
Charlie Woods failed to advance in a U.S. Open local qualifying event Thursday, shooting a 9-over 81 at Legacy Golf & Tennis Club.
B.C. tenants evicted for landlord's use after refusing large rent increase to take over neighbouring suite
Ashley Dickey and her mother rented part of the same Coquitlam duplex in three different decades under three different landlords.
Mountain guide dies after falling into a crevasse in Banff National Park
A man who fell into a crevasse while leading a backcountry ski group deep in the Canadian Rockies has died.