A Red Deer judge dropped charges against Whistle Stop Cafe Owner Chris Scott — more than two years after he was accused of disobeying COVID-19 restrictions. .“Mr. Scott, I will acquit you of the charges, you're free to go,” said Red Deer Court of Justice Justice James Glass at a Monday hearing covered by CBC News. .The decision came after the Crown attorney invited the ruling after a recent court decision finding the orders were invalid because they were imposed in a way breaching Alberta’s Public Health Act. .A courtroom packed with Scott’s supporters erupted, clapping and cheering. Hugs and handshakes followed as he left it. .Scott decided to flout COVID-19 restrictions and open the Whistle Stop Cafe in 2021. .READ MORE: UPDATED: Alberta cafe owner charged for staying open during pandemic lockdown.He said he received overwhelming support and daily visits from the RCMP. A few days after reopening, he received a ticket from the authorities. .He was ordered to make a court appearance a few months later. He faced sanctions ranging from a fine to imprisonment..RCMP officers handcuffed and hauled away Scott in 2021 after 1,500 of his supporters protested the Alberta government’s lockdowns. .READ MORE: WATCH: Whistle Stop Cafe owner Chris Scott arrested.He was led through his parking lot to an RCMP vehicle where he was handcuffed and searched before being driven away..It marked the end of a day that saw people turn out from across Alberta to protest COVID-19 restrictions, and the RCMP seized all of Whistle Stop’s alcohol and padlock it after a dawn raid..Crown attorney Peter Mackenzie invited Glass to acquit Scott because of the Court of King’s Bench of Alberta decision issued by Justice Barbara Romaine, which found the decision-making process in the Ingram case breached the Public Health Act. ."The submission by the Crown is that it's not going to carry on with the prosecution of this case as a result of the decision in Ingram," said Mackenzie. ."In that light, it's not a sustainable prosecution.".An Alberta Health Services lawyer said it "takes no position on Mr. Mackenzie's application.".The Court of King’s Bench of Alberta invalidated the COVID-19 restrictions implemented by former chief medical officer of health Dr. Deena Hinshaw on July 31..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..The Alberta Crown Prosecution Service said 14 prosecutions, including the cases of Scott, GraceLife Church pastor James Coates, and No More Lockdowns Rodeo organizer Ty Northcott, remain before the courts. .Romaine found politicians made the final decision on Alberta’s COVID-19 restrictions instead of the chief medical officer of health, which is prohibited under the act. .The court action began in 2020 when a group of applicants, including former Alberta gym owner Rebecca Ingram and two churches, filed a lawsuit arguing COVID-19 restrictions were contrary to the Alberta Bill of Rights and the Canadian Charter of Rights and Freedoms. .Romaine said former Alberta chief medical officer of health Dr. Deena Hinshaw made recommendations and implemented them, but it was cabinet wielding the final decision-making power. .The Public Health Act does not allow for the chief medical officer of health to delegate her decision-making powers to politicians. .Even if the proper decision-making powers were in place, she said Alberta’s constitutional rights would not have been violated. She found any infringements on Albertans’ rights that did occur were demonstrably justified under the Charter because of the nature of the unprecedented public health emergency.
