Sentencing delayed for Alberta men found guilty of flouting COVID-19 rules
Sentencing arguments for an Alberta pastor and his brother found guilty of contempt after deliberately violating COVID-19 health orders have been put over until September.
Artur Pawlowski and his brother Dawid Pawlowski were arrested in May and accused of organizing an illegal gathering as well as promoting and attending an illegal gathering.
The arrests came after court orders were granted allowing Alberta Health Services and police to arrest and charge anyone who advertised gatherings that would breach health restrictions.
Last month, Justice Adam Germain ruled that Alberta Health Services had proven “nearly to absolute certainty” that the two Calgary men were “guilty beyond a reasonable doubt of contempt.”
Discussions on possible sanctions were set for Tuesday, but the lawyer for the Pawlowskis asked for a delay since Alberta Health Services was preparing further affidavits against her clients.
The health provider has indicated it will be seeking 21 days of jail time for the two men.
Germain granted the delay to make sure that defence lawyer Sarah Miller had time to prepare her arguments.
“Frankly, on a matter of this nature, where you have what some legal authorities might describe as an almost public contempt, bordering on criminal contempt ... I'm going to give her every opportunity to vigorously defend her clients,” said Germain.
Alberta Health Services has indicated it is seeking 21 days of jail time for the two men.
The judge said the delay might give the court a better understanding of COVID-19 in remand centres and provincial correction institutions.
“There are people who doubt the COVID-19. I can look at the death or morbidity statistics as much as any other judge and it's a real issue,” Germain said.
“If COVID is running wild in the institutions, we don't want the 21-day jail sentences that you've asked for.”
Germain said he might consider the “unique risks” of someone going to jail. He said the Pawlowskis' lawyer could have a number of arguments for why they're not vaccinated, including illnesses that prevent vaccinations.
“Maybe there's an outbreak in the prison system. All of those things may influence the decision.”
The case is to return to court Sept. 13.
SENTENCING ALSO DELAYED FOR WHISTLESTOP CAFE OWNER
Sentencing for another man convicted of not following the COVID-19 rules was also put over on Tuesday until September.
Chris Scott, owner of the Whistlestop Cafe in Mirror, Alta., appeared remotely and a date for sentencing was put over until Sept. 17.
Alberta Health Services is seeking jail time, and Scott's lawyers have said they plan to file a Charter challenge to the constitutionality of health orders made by Alberta Chief Medical Officer of Health Dr. Deena Hinshaw.
This report by The Canadian Press was first published July 27, 2021
With files from CTV News reporters Matthew Black and Dave Dormer
CTVNews.ca Top Stories
Grandparent scam: London, Ont., senior beats fraudsters not once, but twice
It was a typical Tuesday for Mabel Beharrell, 84, until she got the call that would turn her world upside down. Her teenaged grandson was in trouble and needed her help.
Deaths of 4 people on Sask. farm confirmed as murder-suicide
The deaths of four people on a farm near the Saskatchewan village of Neudorf have been confirmed a murder-suicide.
CRA no longer requiring 'bare trust' reporting in 2023 tax return
The Canada Revenue Agency announced Thursday it will not require 'bare trust' reporting from Canadians that it introduced for the 2024 tax season, just four days before the April 2 deadline.
Full parole granted to man convicted in notorious 'McDonald's murders' in Cape Breton
The Parole Board of Canada has granted full parole to one of three men convicted in the brutal murders of three McDonald's restaurant workers in Cape Breton more than 30 years ago.
Incident on Calgary's Reconciliation Bridge comes to safe resolution
Calgary police shut down a number of bridges into and out of the downtown core as officers dealt with a distraught individual. The incident lasted almost 20 hours.
Sunshine list: These were the Ontario public sector's highest earners in 2023
Ontario released its annual sunshine list Thursday afternoon, noting that the largest year-over-year increases were in hospitals, municipalities, and post-secondary sectors.
George Washington family secrets revealed by DNA from unmarked 19th century graves
Genetic analysis has shed light on a long-standing mystery surrounding the fates of U.S. President George Washington's younger brother Samuel and his kin.
'We won't forget': How some Muslims view Poilievre's stance on Israel-Hamas war
A spokesman for a regional Muslim advocacy group says Conservative Leader Pierre Poilievre's stance on the Israel-Hamas war could complicate his party's relationship with Muslim Canadians.
Why some Christians are angry about Trump's 'God Bless the USA' Bible
Former U.S. President Donald Trump is officially selling a copy of the Bible themed to Lee Greenwood’s famous song, 'God Bless the USA.' But the concept of a Bible covered in the American flag has raised concern among religious circles.