More than 50% of COVID-19 public health order violations in Alberta withdrawn

The locked doors of Fairview Baptist Church are seen in Calgary, Alta., Monday, May 17, 2021. Fairview Baptist Church Pastor Tim Stephens says he will be in court next month for his three-day trial for violating the province's Public Health Act. THE CANADIAN PRESS/Jeff McIntosh

During the COVID-19 pandemic, the Alberta government levied sizable fines against individuals and businesses who broke the rules set out by the province's top doctor in order to protect the public from infection.

Now, after more than two years of the pandemic in Alberta, just 104 tickets issued under the province's Public Health Act (PHA) have been paid, CTV News has learned.

Alberta Justice says that between March 1, 2020 and April 10 of this year, 759 tickets under section 73(1) were handed out for breaking the rules.

Seventy-seven tickets (10.1 per cent) are still active and unpaid, but the remaining tickets have all been either left unpaid, quashed or dismissed.

Alberta Justice withdrew the largest portion of those violations – 414 distinct counts under the act.

Section 73(1) of Alberta's PHA states that anyone who violates any portion of the act "is guilty of an offence."

The legislation also sets out "a fine of not less than $100 and not more than $5,000" for anyone who breaks any rules set out under section 62 of the Act or an order of a physician.

The penalty for violating the PHA or an order of a medical officer of health is subject to a fine of not more than $100,000 for a first offence and $500,000 for a subsequent offence.

While Alberta Justice has filed 759 distinct counts to date, the PHA also says prosecutors have three years after the day an offence "first came to the attention of an executive officer" to move ahead with charges.

Public Health Act section 73(1) TICKETS AND STATUS

(March 1, 2020 to April 10, 2022 data provided by Alberta Justice)

A total of 759 tickets were issued

• 414 Withdrawn (54.5 per cent)
• 82 Unpaid (10.8 per cent)
• 79 Quashed (10.4 per cent)
• 77 Active and unpaid (10.1 per cent)
• 58 Paid after FA or before trial (7.6 per cent)
• 46 Paid after convicted in absence/post-trial (6.1 per cent)
• 3 Dismissed (0.4 per cent)

CALGARY PASTOR AWAITING TRIAL IN MAY

A Calgary church leader, who faces six charges under the PHA and one criminal charge, says he will be fighting those at a trial set to begin next month.

Pastor Tim Stephens, head of Calgary's Fairview Baptist Church, was arrested on June 15, 2021, after he continued to hold church services at his building in southeast Calgary in violation of Alberta's PHA.

He says he believes the fines are designed to "coerce compliance" with what he considers "unjust laws."

"I assume there are many reasons for dropping most of the tickets issued under the PHA, from lack of resources, to focusing on higher profile offenders, to political expediency," he told CTV News in an email Thursday.

He adds that the fines against him will be decided at the outcome of his trial.

Stephens' church will also be fighting its own charge under section 73(1) in the coming days.

'ACTION MUST BE TAKEN'

In May 2021, the Alberta government introduced stiffer fines, installed more enforcement and hired more personnel to carry out that enforcement in regards to the COVID-19 pandemic.

The response came after several large protests and events in Alberta that stood in defiance of the public health measures at the time.

Kaycee Madu, who was Alberta's justice minister at the time, said "action must be taken" in response to the "flagrant noncompliance."

The Saskatchewan government released similar statistics back in April, which stated that nearly $400,000 in fines have yet to be paid.

CTV News has reached out to the Alberta government for dollar figures on the outstanding fines, but has not heard back.