A recent court decision should lead to the reversal of a conviction of the organizer of a Bowden-area anti-lockdown rodeo, says the group funding his defence.
Earlier this month, Calgary Justice Barbara Romaine ruled that the Public Health Act was breached when Jason Kenney government politicians, instead of Chief Medical Officer of Health Dr. Deena Hinshaw, made the final calls on health restrictions. Alberta’s Public Health Act does not allow the chief medical officer of health to delegate her decision-making powers to politicians.
The Justice Centre for Constitutional Freedoms said the decision meant the public health orders were invalidated.
“With these health orders having been invalidated, it is expected that Crown prosecutors will need to withdraw charges against Ty Northcott/ Northcott Rodeo Inc. …” said the Justice Centre in a statement.
Last month, Red Deer Justice Jim Hunter found that Northcott and his company 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 more than 1,000 people.
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.
Hunter said he was satisfied that Northcott knew the event he was holding was not allowed at the time. A sentencing date was not set because a constitutional challenge remains unresolved.
Both Crown prosecutors and the defence were awaiting the decision by Romaine in a case involving Calgary gym owner Rebecca Marie Ingram, and other plaintiffs, including churches and pastors, who are challenging the constitutionality of pandemic public health orders.
They alleged Alberta’s public health orders are contrary to the Alberta Bill of Rights, unjustifiably limit Charter-protected rights and are unlawful. The Justice Centre has been involved in that case as well.
The Northcott case was adjourned until Aug. 31 in hopes the Ingram decision would be available when lawyers argued constitutional issues. Defence lawyer Lawren Wowk said during the last court date it “would be a monumental decision for either side.”
The Justice Centre says the judge’s ruling “also confirms that lockdowns did violate Albertans’ fundamental freedoms of conscience, religion, association, and peaceful assembly protected in the Canadian Charter of Rights and Freedoms.
“In this court action, the Alberta government produced no comprehensive studies, reports or data analyzing lockdown harms. Without any comprehensive cost-benefit analysis, Justice Barbara Romaine nevertheless concluded that lockdowns were justified violations of Charter freedoms because they produced more good than harm.”
“Significant injustice has taken place in the past three years under these draconian public health measures. We are hopeful this ruling will mean the withdrawal of charges against Pastor James Coates, Fairview Baptist Church, Ty Northcott, and other courageous citizens who refused to comply with unjust and utterly unscientific measures,” said Justice Centre president John Carpay.
The Alberta Crown Prosecution Service says it is reviewing the Ingram decision and its impact on cases.