An appeal against Alberta Health Services has been successful for the Whisle Stop Café owner, a Calgary Preacher and his brother.
The appeal was filed in relation to three judgments made by Court of Queen's Bench Justice Adam Germain finding Whistle Stop Cafe owner Christopher Scott, Artur Pawlowski, and Dawid Pawloski in violation of an injunction granted to Alberta Health Services on May 6, 2021. Public meetings were postponed by the injunction due to the COVID-19 pandemic.
The punishments and findings of contempt were then appealed by the Pawlowskis. Scott just appealed the sanctions.
According to the appeal court's decision on Thursday, Germain's directives violated the restaurant owner's constitutional rights and required the panel to consider fresh punishments for the cafe owner, therefore it was decided to partially set aside Scott's fines.
The penalties include a $10,000 fine, eight months of probation (already served), and three days of already served jail time (already served).
As stated in Thursday's verdict, the appeal court agreed with Artur and Dawid Pawloski's claim that the injunction was not sufficiently precise and explicit.
The fines also failed when the court overturned the accusations of contempt against both Pawlowskis.
In addition to ordering that the Pawlowskis be paid back for the fines they had already paid, the court ordered that AHS pay the Pawlowskis costs, which came to about $15,733.50.
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