An appeal panel of three Alberta judges ruled in favour of appeals by pastor Arthur Pawlowski and Mirror, AB cafe owner Chris Scott and overturned earlier charges of contempt. .The decision came down Friday and announced the contempt of court findings were tossed against Pawlowski and his brother Dawid, for breaching an injunction prohibiting public gatherings during COVID-19 lockdowns. .The panel of judges, including Justice Barbara Lea Veldhuis, Justice Michelle Crighton and Justice Jo'Anne Strekaf, concluded the original injunction dated May 6, 2021 banning protests did not apply to the brothers. .The decision said, "The Pawlowskis' appeals are allowed," and indicated the findings of contempt and sanction order will be "set aside.".The court ordered fines paid by the Pawlowskis' — $23,000 for Artur and $10,000 for Dawid — must be returned and overturned costs ordered against them totalling $15,733.50 also be set aside. AHS has been ordered to pay its own costs. ."The legal issue before us, however, as before the chambers judge, is whether the injunction applied to the Pawlowskis such that they could be found in contempt of it. Without condoning the actions of the Pawlowskis, we turn to that question," wrote the panel in its decision. ."Where there is ambiguity in a phrase that purports to identify a group of individuals to whom an ex parte injunction applies, the injunction may not be sufficiently clear to found contempt proceedings against such individuals for breaching the terms of the order."."As all elements of contempt must be established beyond a reasonable doubt, we conclude that the injunction here was not sufficiently clear and unambiguous, when it referred to other parties "acting independently to like effect", so as to apply to the Pawlowskis . The contempt finding against the Pawlowskis must therefore be set aside.".The ruling said the "setting aside of the finding of contempt means the sanction order must also fall." .With regard to Whistle Stop Cafe owner Chris Scott, the panel of judges reduced Scott's penalties to time served and reduced a fine from $20,000 to $10,000. .Scott's sentence of three days in prison was deemed satisfied. A fine of $10,000 will still be required to be paid in full and probation of eight months handed down to Scott has been deemed fully satisfied. .Costs awarded for the sanction hearing have been set aside and both AHS and Scott will be required to pay their own costs. .The Pawlowskis' and Scott were found in contempt of a court order by Justice Adam Germain in May 2021 and sanctions were imposed on all three. Scott did not appeal the contempt findings but did challenge the sanctions imposed upon him. The Pawlowskis appealed both the contempt ruling against them as well as the sanctions imposed.
An appeal panel of three Alberta judges ruled in favour of appeals by pastor Arthur Pawlowski and Mirror, AB cafe owner Chris Scott and overturned earlier charges of contempt. .The decision came down Friday and announced the contempt of court findings were tossed against Pawlowski and his brother Dawid, for breaching an injunction prohibiting public gatherings during COVID-19 lockdowns. .The panel of judges, including Justice Barbara Lea Veldhuis, Justice Michelle Crighton and Justice Jo'Anne Strekaf, concluded the original injunction dated May 6, 2021 banning protests did not apply to the brothers. .The decision said, "The Pawlowskis' appeals are allowed," and indicated the findings of contempt and sanction order will be "set aside.".The court ordered fines paid by the Pawlowskis' — $23,000 for Artur and $10,000 for Dawid — must be returned and overturned costs ordered against them totalling $15,733.50 also be set aside. AHS has been ordered to pay its own costs. ."The legal issue before us, however, as before the chambers judge, is whether the injunction applied to the Pawlowskis such that they could be found in contempt of it. Without condoning the actions of the Pawlowskis, we turn to that question," wrote the panel in its decision. ."Where there is ambiguity in a phrase that purports to identify a group of individuals to whom an ex parte injunction applies, the injunction may not be sufficiently clear to found contempt proceedings against such individuals for breaching the terms of the order."."As all elements of contempt must be established beyond a reasonable doubt, we conclude that the injunction here was not sufficiently clear and unambiguous, when it referred to other parties "acting independently to like effect", so as to apply to the Pawlowskis . The contempt finding against the Pawlowskis must therefore be set aside.".The ruling said the "setting aside of the finding of contempt means the sanction order must also fall." .With regard to Whistle Stop Cafe owner Chris Scott, the panel of judges reduced Scott's penalties to time served and reduced a fine from $20,000 to $10,000. .Scott's sentence of three days in prison was deemed satisfied. A fine of $10,000 will still be required to be paid in full and probation of eight months handed down to Scott has been deemed fully satisfied. .Costs awarded for the sanction hearing have been set aside and both AHS and Scott will be required to pay their own costs. .The Pawlowskis' and Scott were found in contempt of a court order by Justice Adam Germain in May 2021 and sanctions were imposed on all three. Scott did not appeal the contempt findings but did challenge the sanctions imposed upon him. The Pawlowskis appealed both the contempt ruling against them as well as the sanctions imposed.