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Alberta

All charges dropped against Canadian pizzeria owner who defied COVID vaccine passport mandates

Published

8 months ago

6 minute read

Jesse Johnson – Without Papers Pizza, Calgary

From LifeSiteNews

By Anthony Murdoch

Jesse Johnson, who owned Without Papers Pizza, claimed a ‘bittersweet’ victory in a prolonged legal battle against the City of Calgary

All charges have been dropped against the owner of a popular Canadian pizzeria who kept his restaurant open in direct defiance of COVID-19 health rules and refused to ask customers for vaccine passports so that he could serve “everyone.”

Outside a Calgary courthouse yesterday, Jesse Johnson, who owned Without Papers Pizza, claimed victory in a prolonged legal battle against the City of Calgary after a court dismissed all his COVID-related violation charges.

“Yes, it is a bittersweet irony what happened here today. My restaurant was shut unadjudicated, I was deemed guilty without going to a court of law,” he said when speaking with independent media reporter Mocha Bezirgan outside Calgary’s main courthouse Wednesday.

The Democracy Fund (TDF), which funded lawyers Martin Rejman and Chad Williamson in defense of Johnson, noted in a press release that the once-popular pizzeria was charged in October 2021 with “breaching multiple bylaws after its business license was suspended for not complying with public health orders and after undercover inspectors were permitted to purchase pizza and remain in the restaurant without providing proof of vaccination.”

“Among other things, the allegations against the pizzeria were that it permitted persons to enter and remain on the premises without proof of vaccination and that it did not display prescribed signage, all of which was contrary to bylaws passed by the City of Calgary,” the TDF noted.

Johnson did not hold back his disdain for Calgary officials who targeted his restaurant with COVID fines.

“They tried to break me mentally and they tried to break me spiritually. And they almost came close. If it wasn’t for the good people that joined me here today, the many who I fought with on the streets of Calgary,” he said.

Without Papers Pizza was forced into insolvency due to government COVID dictates.

Johnson said, however, that people need to learn how to “forgive” their oppressors as “Christ” commanded.

The TDF said that Johnson’s lawyers had argued in their constitutional application that the city bylaws in question “were implementing public health orders that were found to be invalid by judges of the Court of King’s Bench.”

“More specifically, the impugned health orders were held to be ultra vires the Public Health Act as they were made by the provincial cabinet as opposed to the Chief Medical Officer of Health, which is what the law required,” the TDF stated.

Johnson’s charges being dropped came in the wake of a recent court ruling that declared certain public health orders effectively null.

At the end of July, Justice Barbara Romaine from Alberta’s Court of Kings Bench ruled that politicians violated the province’s health act by making decisions regarding COVID mandates without authorization.

The decision put into doubt all cases involving those facing non-criminal COVID-related charges in the province.

As a result of July’s court ruling, Alberta Crown Prosecutions Service (ACPS) said Albertans currently facing COVID-related charges will likely not face conviction but will instead have their charges stayed.

Danielle Smith took over from Jason Kenney as leader of the United Conservative Party (UCP) on October 11, 2022, after winning the leadership of the party. Kenney was ousted due to low approval ratings and for reneging on promises not to lock Alberta down, as well as enacting a vaccine passport.

Under Kenney, thousands of nurses, doctors, and other healthcare and government workers lost their jobs for choosing to not get the jabs, leading Smith to say – only minutes after being sworn in – that over the past year the “unvaccinated” were the “most discriminated against” group of people in her lifetime.

Smith made headlines last October after promising she would look at pardoning Christian pastors who were jailed for violating so-called COVID policies while Kenney was premier.

Unlike her predecessor, Kenney – who imposed vaccine passports, mandates, and lockdowns during COVID – Smith did vow she was not going to “create a segregated society on the basis of a medical choice.”

Thus far, in addition to Johnson, café owner Chris Scott, and Alberta pastors James Coates, Tim Stephens, and Artur Pawlowski, who were all jailed for keeping their churches open under the leadership of Kenney, have had the COVID charges against them dropped due to the court ruling.

Countless others have had smaller charges against them for going against COVID mandates dropped as well. However, there are still some facing charges relating to border blockade protests.

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Alberta

Alberta awash in corporate welfare

Published on July 26, 2024

By

From the Fraser Institute

By Matthew Lau

To understand Ottawa’s negative impact on Alberta’s economy and living standards, juxtapose two recent pieces of data.

First, in July the Trudeau government made three separate “economic development” spending announcements in  Alberta, totalling more than $80 million and affecting 37 different projects related to the “green economy,” clean technology and agriculture. And second, as noted in a new essay by Fraser Institute senior fellow Kenneth Green, inflation-adjusted business investment (excluding residential structures) in Canada’s extraction sector (mining, quarrying, oil and gas) fell 51.2 per cent from 2014 to 2022.

The productivity gains that raise living standards and improve economic conditions rely on business investment. But business investment in Canada has declined over the past decade and total economic growth per person (inflation-adjusted) from Q3-2015 through to Q1-2024 has been less than 1 per cent versus robust growth of nearly 16 per cent in the United States over the same period.

For Canada’s extraction sector, as Green documents, federal policies—new fuel regulations, extended review processes on major infrastructure projects, an effective ban on oil shipments on British Columbia’s northern coast, a hard greenhouse gas emissions cap targeting oil and gas, and other regulatory initiatives—are largely to blame for the massive decline in investment.

Meanwhile, as Ottawa impedes private investment, its latest bundle of economic development announcements underscores its strategy to have government take the lead in allocating economic resources, whether for infrastructure and public institutions or for corporate welfare to private companies.

Consider these federally-subsidized projects.

A gas cloud imaging company received $4.1 million from taxpayers to expand marketing, operations and product development. The Battery Metals Association of Canada received $850,000 to “support growth of the battery metals sector in Western Canada by enhancing collaboration and education stakeholders.” A food manufacturer in Lethbridge received $5.2 million to increase production of plant-based protein products. Ermineskin Cree Nation received nearly $400,000 for a feasibility study for a new solar farm. The Town of Coronation received almost $900,000 to renovate and retrofit two buildings into a business incubator. The Petroleum Technology Alliance Canada received $400,000 for marketing and other support to help boost clean technology product exports. And so on.

When the Trudeau government announced all this corporate welfare and spending, it naturally claimed it create economic growth and good jobs. But corporate welfare doesn’t create growth and good jobs, it only directs resources (including labour) to subsidized sectors and businesses and away from sectors and businesses that must be more heavily taxed to support the subsidies. The effect of government initiatives that reduce private investment and replace it with government spending is a net economic loss.

As 20th-century business and economics journalist Henry Hazlitt put it, the case for government directing investment (instead of the private sector) relies on politicians and bureaucrats—who did not earn the money and to whom the money does not belong—investing that money wisely and with almost perfect foresight. Of course, that’s preposterous.

Alas, this replacement of private-sector investment with public spending is happening not only in Alberta but across Canada today due to the Trudeau government’s fiscal policies. Lower productivity and lower living standards, the data show, are the unhappy results.

Author:

Matthew Lau
Adjunct Scholar, Fraser Institute
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Alberta

‘Fireworks’ As Defence Opens Case In Coutts Two Trial

Published on July 25, 2024

By

From the Frontier Centre for Public Policy 

By Ray McGinnis

Anthony Olienick and Chris Carbert are on trial for conspiracy to commit murder and firearms charges in relation to the Coutts Blockade into mid-February 2022. In opening her case before a Lethbridge, AB, jury on July 11, Olienick’s lawyer, Marilyn Burns stated “This is a political, criminal trial that is un Canadian.” She told the jury, “You will be shocked, and at the very least, disappointed with how Canada’s own RCMP conducted themselves during and after the Coutts protest,” as she summarized officers’ testimony during presentation of the Crown’s case. Burns also contended that “the conduct of Alberta’s provincial government and Canada’s federal government are entwined with the RCMP.” The arrests of the Coutts Four on the night of February 13 and noon hour of February 14, were key events in a decision by the Clerk of the Privy Council, Janice Charette, and the National Security Advisor to the Prime Minister, Jody Thomas, to advise Prime Minister Justin Trudeau to invoke the Emergencies Act. Chief Justice Paul Rouleau, in submitting his Public Order Emergency Commission Report to Parliament on February 17, 2023, also cited events at the Coutts Blockade as key to his conclusion that the government was justified in invoking the Emergencies Act.

Justice David Labrenz cautioned attorney Burns regarding her language, after Crown prosecutor Stephen Johnson objected to some of the language in the opening statement of Olienick’s counsel. Futher discussion about the appropriateness of attorney Burns’ statement to the jury is behind a publication ban, as discussions occurred without the jury present.

Justice Labrenz told the jury on July 12, “I would remind you that the presumption of innocence means that both the accused are cloaked with that presumption, unless the Crown proves beyond a reasonable doubt the essential elements of the charge(s).” He further clarified what should result if the jurors were uncertain about which narrative to believe: the account by the Crown, or the account from the accused lawyers. Labrenz stated that such ambivalence must lead to an acquittal; As such a degree of uncertainty regarding which case to trust in does not meet the “beyond a reasonable doubt” threshold for a conviction.”

On July 15, 2024, a Lethbridge jury heard evidence from a former employer of Olienicks’ named Brian Lambert. He stated that he had tasked Olienick run his sandstone quarry and mining business. He was a business partner with Olienick. In that capacity, Olienick made use of what Lambert referred to as “little firecrackers,” to quarry the sandstone and reduce it in size. Reducing the size of the stone renders it manageable to get refined and repurposed so it could be sold to buyers of stone for other uses (building construction, patio stones, etc.) Lambert explained that the “firecrackers” were “explosive devices” packaged within tubing and pipes that could also be used for plumbing. He detailed how “You make them out of ordinary plumbing pipe and use some kind of propellant like shotgun powder…” Lambert explained that the length of the pipe “…depended on how big a hole or how large a piece of stone you were going to crack. The one I saw was about six inches long … maybe an inch in diameter.”

One of Olienick’s charges is “unlawful possession of an explosive device for a dangerous purpose.” The principal evidence offered up by RCMP to the Crown is what the officers depicted as “pipe bombs” which they obtained at the residence of Anthony Olienick in Claresholm, Alberta, about a two-hour drive from Coutts. Officers entered his home after he was arrested the night of February 13, 2022. Lambert’s testimony offers a plausible common use for the “firecrackers” the RCMP referred to as “pipe bombs.” Lambert added, these “firecrackers” have a firecracker fuse, and in the world of “explosive” they are “no big deal.”

Fellow accused, Chris Carbert, is does not face the additional charge of unlawful possession of explosives for a dangerous purpose. This is the first full week of the case for the defence. The trial began on June 6 when the Crown began presenting its case.

Ray McGinnis is a Senior Fellow with the Frontier Centre for Public Policy who recently attended several days of testimony at the Coutts Two trial.

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