Whistle Stop Cafe owner Chris Scott said he has launched a class action lawsuit against the Alberta government over COVID-19 restrictions because there is more to it than the law. .“I was put in this strange situation where because I decided to stand up for myself, other people saw and they came and shared their stories with me,” said Scott at a Tuesday press conference. .“I realized this wasn’t just about my little cafe.” .Alberta gym owner Rebecca Ingram and Scott launched a class action lawsuit against the provincial government on behalf of every business owner who suffered economic losses related to COVID-19 restrictions on Monday. .READ MORE: UPDATED: Alberta business owners file lawsuit over COVID restrictions.“Even if we assume all of the Orders were issued for a proper purpose, on what planet should the financial burden of orders issued for the benefit of society as a whole fall on the shoulders of small business people in the Province of Alberta?” said Rath and Company Barristers and Solicitors lawyer Jeff Rath. .“The orders were illegal.” .When people shared their stories with Scott, he said he realized it was about hundreds of thousands of people and tens of thousands of businesses who were destroyed. He added these businesses had no remedy and no way to fight back and were at the mercy of the administrative state. .As he thought about that and his situation, he said it got worse. He has heard stories about Calgary business owners who killed themselves because of COVID-19 restrictions. .For some people, life did not go on. The Alberta government came in and told business owners to close down or risk having their businesses seized. .He said COVID-19 restrictions were never about protecting people’s health and welfare..For the Alberta government, he said it “took power that didn’t belong and infringed our rights, our constitutional rights as Canadians, as Albertans.” He called for it to be held accountable. .Since Whistle Stop became the only restaurant open for indoor dining, Scott said change happens. He spoke about a truck driver who came in on Monday and made his girlfriend cry by thanking her. .The truck driver said he was happy to be there because it is standing up for him. That is the reason he stays open. .Ingram choked up and started to cry when she said her five children keep her going. .“I told them right from the beginning even one person can make a difference,” said Ingram. .“I want my kids to know that.” .She acknowledged now there are thousands of people standing up. Fighting back tears, she thanked Rath for representing her, as no other lawyers wanted to take on this case. .Rath said the case has exposed the Alberta government to massive liability in the billions of dollars to every business owner. .“One of the things we want the people of Alberta to fully internalize in this class action is this action is brought from the standpoint of fairness and equity,” he said. .He called the case “potentially the largest class action lawsuit in the history of the province of Alberta.”.While the Alberta government might have had protection under Section 66.1 of the Public Health Act, it would be invalid because of the Ingram case. .He blasted Alberta government bureaucrats for not caring about how small business owners would feed their families while shut down. .The Court of King’s Bench of Alberta invalidated the COVID-19 restrictions implemented by former chief medical officer of health Dr. Deena Hinshaw in July. .READ MORE: Alberta court strikes down Hinshaw's public health orders that violated Charter freedoms.The Court of King’s Bench of Alberta struck down these COVID-19 restrictions because they were issued by cabinet rather than Hinshaw. Hinshaw testified at trial politicians were the final decision-makers, and she provided advice and recommendations. .Since they are invalidated, the Justice Centre for Constitutional Freedoms said it is expected Crown attorneys will need to withdraw charges against No More Lockdowns Rodeo organizer Ty Northcott, GraceLife Church pastor James Coates, and Fairview Baptist Church..A Red Deer judge dropped charges against Scott on August 28 — more than two years after he was accused of disobeying COVID-19 restrictions. .READ MORE: Red Deer judge acquits Whistle Stop's Chris Scott for violating COVID restrictions.“Mr. Scott, I will acquit you of the charges, you're free to go,” said Alberta Court of Justice Justice James Glass. .The decision came after the Crown attorney invited the ruling upon a recent court decision finding the orders were invalid because they were imposed in a way breaching the Public Health Act.
