Alberta Crown attorneys drop COVID-19 tickets

More tickets have been withdrawn by Alberta Crown attorneys after people were issued them for alleged violations of public health orders, according to a press release issued by the Justice Centre for Constitutional Freedoms (JCCF) on Monday.

A municipal Crown attorney withdrew one ticket. The Alberta provincial Crown attorney withdrew three more tickets

The JCCF has represented close to 100 people who have been ticketed for allegedly breaching public health orders in British Columbia, Alberta, Saskatchewan, and Ontario. These people were ticketed for allegedly participating in peaceful protests, not wearing a mask, providing services during lockdowns, not complying with public health guidelines on signage, and other issues related to fundamental freedoms guaranteed in the Canadian Charter of Rights and Freedoms.

All COVID-19-related tickets issued to protestors in Alberta that the JCCF has defended have been withdrawn by Crown attorneys before trial.

Ryan Audette, a Calgary man, was issued a $50 ticket for not wearing a mask while attending an anti-lockdown protest in the city in November. The ticket for not wearing a mask in a "public premise" was first issued to Audette under the Calgary Face Covering Bylaw.

The Calgary police officer appeared to be confused about whether the bylaw mandated masks indoors or outdoors. The bylaw defines public premises as "all or any part of a building, structure or other enclosed area to which members of the public have access as of right or by express or implied invitation."

Maggie Burlington, the Calgary Crown attorney, notified the JCCF that Audette's ticket will be withdrawn.

Trevor Marr, a Calgary man, was issued a $1,200 ticket under the Public Health Act after attending an anti-lockdown protest in the city on Dec. 19. Marr saw the crowd after exiting the subway, and he decided to attend to see what it was about.

Calgary police officers ended up ticketing Marr $1,200 under the Public Health Act for allegedly contravening an order under the Alberta medical officer of health.

The JCCF has been advised that the Alberta Crown attorney will be withdrawing Marr's ticket.

Bernie Driedger, an Alberta paramedic, was issued a $1,200 ticket for not wearing a mask while buying groceries in La Crete, Alta., on Dec. 22. Driedger said he believes he was photographed by a "nosy out-of-towner going around town taking pictures of La Crete residents and businesses because the majority of people refuse to wear masks."

Driedger said he has lost trust in other people, and he has moved out of the community. He received a three-day suspension from work because of the photograph.

The Alberta Crown attorney has stayed his ticket.

Trevor Simpson, a Calgary man, was ticketed $1,200 for allegedly not practicing safe social distancing while attending an anti-lockdown protest in the city on Dec. 26.

Calgary police waited until Simpson was three blocks away from the protest and alone before he was issued the ticket. Simpson was blocked by four Calgary police officers on bicycles.

The Alberta Crown attorney has decided to not follow through with his ticket.

Jay Cameron, litigation director at the JCCF, said public health officials are not the supreme law of the land, but Canada's constitution is.

"A significant portion of the arbitrary and confusing public health orders which have so oppressed Canadian society are, on their face, unconstitutional and cannot be justified," said Cameron.

"As a result, many of the tickets issued for the supposed violation of such orders will never be prosecuted. We expect the mass withdrawal of COVID tickets to continue as prosecutors across the country correctly decide to stay charges."