Challenge alleges Christopher Scott’s freedom of expression and peaceful gathering rights violated
Chris Scott, owner of the Whistle Stop Cafe, speaks during a rally against measures taken by government and health authorities to curb the spread of COVID-19 at his cafe in Mirror on Saturday. The Whistle Stop was shut down by AHS for not complying with COVID-19 rules. (Photo by The Canadian Press)
PAUL COWLEY
Aug. 12, 2021
Anti-lockdown activist and Mirror café owner Chris Scott is suing the province, arguing his constitutional rights were violated.
The legal action filed last month by Scott’s Calgary lawyer, Chad Williamson, names the province, chief medical officer of health Dr. Deena Hinshaw and Alberta Health Services.
It claims health orders that were issued by the province during the height of the COVID-19 pandemic prevented people from gathering for a political purpose and “is unacceptable in a free and democratic liberal society.”
The lawsuit also claims the order violated sections of the Alberta Bill of Rights.
Whistle Stop cafe owner Scott was arrested at an anti-lockdown rally he helped organize on May 8. In June, he was found guilty of violating an injunction prohibiting the protest. Sentencing is expected to take place on Sept. 13.
Williamson said the constitutional challenge seeks a declaration that any orders issued that prevent political gatherings under the guise of public health are unlawful or invalid.
It’s alleged that since March 2020, Scott has been charged with at least eight regulatory infractions under the Public Health Act or other legislation.
An Aug. 26 court date has been scheduled, but the case will almost certainly be adjourned to a later date.
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