Other public health charges could be dropped after Wednesday’s court ruling: Experts

With charges dropped against some of the most well-known COVID public health policy violators during the pandemic — what does this mean for others charged under the act?

After a Court of King Bench’s ruling finding that public health measures were improperly enacted under then-Premier Jason Kenney’s cabinet — charges against two Alberta pastors including Gracelife Church pastor James Coates — who held full church services during the pandemic have been dropped.

Legal experts say while it’s early it could mean others charged under public health rules could challenge their fines and charges.

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“The Department of Justice itself may look to find a systemic solution here which is to find the people who paid fines and reimburse them — so those two things may happen — maybe on an individual basis or a widespread program,” said Eric Adams — constitutional law professor at the University of Alberta.

The Alberta Crown Prosecution Service confirmed the same in a statement, “Where necessary, the Alberta Crown Prosecution Service will apply to the Court of King’s Bench for an order quashing the convictions on charges of contravening the COVID-related public health orders.”

The Alberta Justice Ministry says they are watching what recent court decisions mean in relation to the Public Health Act — during the Spring Alberta election. Questions around Premier Danielle Smith’s contact with crown prosecutors over COVID-19 public health charges were a topic.

A recording from controversial street preacher Arthur Palowski appears to show the Premier saying she’ll discuss COVID cases with the justice department.

Adams says the charges being dropped wasn’t a political decision at all.

“Just because the Premier wanted these charges dropped, said she would look for ways for the charges to be dropped. That is not in any way relevant to why these charges are being dropped, that is crucial,” said Adams.

CityNews reached out to Gracelife Church for comment but has not heard back at this time.