A judge has stayed the conviction for breaching the Public Health Act for the organizer of a Bowden-area anti-lockdown rodeo in 2021.
Red Deer Justice Jim Glass made the ruling on Thursday at the request of Crown prosecutor Peter Mackenzie, who cited the recent Ingram decision in an appearance through the court’s Webex video link.
Court of King’s Bench Justice Barbara Romaine issued her long-awaited ruling on July 31. In her 90-page decision, she found Alberta’s Public Health Act was breached when politicians, instead of the chief medical officer of health made final decision on health restrictions. The decision was named after plaintiff and gym owner Rebecca Ingram, whose business was affected by health restrictions, including closures and distancing rules.
After reviewing the decision, the Alberta Crown Prosecution Service concluded there is no longer a reasonable likelihood of conviction in relation to Public Health Act charges involving the contravention of the disputed orders from the Chief Medical Officer of Health.
Since then, Crown prosecutors have gone to court and told judges they do not intend to proceed in a number of cases.
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Last week, all charges were withdrawn against Mirror café owner Chris Scott in Red Deer Court of Justice.
Glass presided over the Scott case, but noted the Northcott situation was a little different.
“This one is somewhat different in that the conviction was already entered.”
Last month, Red Deer Justice Jim Hunter found that Northcott and his company Northcott Rodeo Inc. violated Alberta’s Public Health Act on May 1, 2021 by holding the No More Lockdowns Rodeo Rally to protest pandemic-related health restrictions. It was held on his property south of Bowden and drew thousands.
At the time, large gatherings of more than 10 people, such as concerts and sporting events, were banned to prevent the spread of COVID-19.
Ty’s wife, Gail Northcott, was originally charged as well. Her changes were dropped last October.
Northcott had not been sentenced yet. That was on hold because his lawyer, Lawren Wowk, planning a constitional challenge.
Wowk said in a statement that the Northcotts “are relieved to see some government accountability and an end to this nightmare they have endured for two years.
“The damages suffered by the Northcotts concerning these unlawful CMOH Orders goes beyond lost revenues, but lost relationships given the divide caused by the government. The Northcotts are weighing their options moving forward.”
The Justice Centre for Constitutional Freedoms, which helped fund Northcott’s defence, was pleased the prosecution was over.
“We are proud to have been able to support Mr. Northcott throughout this difficult ordeal, as well as supporting so many other courageous Canadians who peacefully exercised their Charter rights and freedoms in the face of unjust and unscientific lockdown measures imposed on Canadians by their own governments,” said the organization’s president John Carpay in a statement.
Another central Alberta prosecution is expected to end next month in the case of a Red Deer diner owner, who was fined $1,200 for breaking public health regulations by allowing in-person dining.
Lawyer Chad Williamson, who represented Scott, said he is expecting a similar outcome for Mom’s Diner owner Wesley Langlois.