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
'The lost season': Winter comes to a close as Canada's warmest on record
The warmest winter on record could have far-reaching effects on everything from wildfire season to erosion, climatologists say, while offering a preview of what the season could resemble in the not-so-distant future unless steps are taken to cut greenhouse gas emissions.
Demand soars for solar eclipse glasses in Canada. Are they worth buying?
The demand for total solar eclipse glasses used to safely view the rare celestial event has been ramping up as sellers, along with astronomy and eye-care experts in Canada, warn that viewing the eclipse with the naked eye is dangerous.
Hertz CEO out following electric car 'horror show'
The company, which announced in January it was selling 20,000 of the electric vehicles in its fleet, or about a third of the EVs it owned, is now replacing the CEO who helped build up that fleet, giving it the company’s fifth boss in just four years.
NEW High thoughts: The habits of Canadian cannabis users are revealed in a new StatCan report
Statistics Canada has conducted a series of surveys to measure the impacts of legalized cannabis since the Cannabis Act took effect in 2018. The latest one, the 2023 National Cannabis Survey, sheds light on users' preferences and habits last year.
Freddie Mercury's home is on the market for first time since 1980 minus his 'exquisite clutter'
Freddie Mercury's sanctuary in London, where he lived the last decade of his life, is on sale for the first time in nearly half a century -- minus his "exquisite clutter."
NEW Where to watch the state funeral for former prime minister Brian Mulroney
A state funeral for former prime minister Brian Mulroney will be held in Montreal on March 23. CTV News will have live special coverage of his funeral service.
Trump says Jews who vote for Democrats 'hate Israel' and their religion
Former U.S. president Donald Trump on Monday charged that Jews who vote for Democrats 'hate Israel' and hate 'their religion,' igniting a firestorm of criticism from the White House and Jewish leaders.
NDP motion regarding Palestinian statehood passes after major Liberal alterations
A motion from the federal New Democrats initially calling on Canada to recognize the 'State of Palestine' passed amid widespread acrimony on Monday, after the Liberals drastically altered its wording to see the government simply work towards that aim as part of a two-state solution.
Retired teacher pleads guilty to paying for sex with 15-year-old in Collingwood, Ont.
In a Barrie courtroom on Monday, a retired high school teacher from the Niagara Region pleaded guilty to sexual touching and obtaining sexual services from a 15-year-old boy in Collingwood in 2021.