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Alberta

Public gathering violation conviction set aside for Calgary preacher and his brother

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A preacher and his brother have successfully appealed their convictions for hosting public gatherings during the pandemic and are to have their fines reimbursed.

Twice in 2021, Artur and Dawid Pawlowski of Calgary were ruled to be in contempt of a COVID-19-related Alberta Health Services injunction that limited the number of people permitted to congregate and required physical distancing and face masks.

Artur Pawlowski, a Street Church preacher, was sentenced to three days in jail and fined $20,000, while his brother’s sentence was three days in jail and a $10,000 fine.

During sentencing, the brothers were also ordered to pay more than $15,700 to Alberta Health Services for costs incurred.

The injunction named the church the brothers operate, not the Pawlowskis themselves.

In their appeal, they argued that they could not be found in contempt of an injunction that was not made against them specifically.

The Alberta Court of Appeal determined that the language used in the injunction was open to interpretation and created “ambiguity and potential confusion.”

The Pawlowskis’ conviction on the contempt charge was set aside as well as their probation.

Their fines are to be reimbursed and Alberta Health Services has been ordered to return the $15,733.50 it was awarded.

The Appeal Court also ruled on a related case involving a central Alberta restaurant.

Christopher Scott, the owner of the Whistle Stop Café in Mirror, Alta., was found to have been in contempt of an AHS injunction against him regarding illegal public gatherings in June 2021. The conviction was related to an event he hosted outside his restaurant in May 2021, days after the injunction was granted.

Scott was sentenced to three days in jail, fined $20,000, ordered to complete 120 hours of community service and placed on 18 months’ probation. He was also ordered to pay AHS $10,922.25 to cover costs.

The restaurant owner appealed the sanctions against him, not the contempt finding, arguing they were “excessive and disproportionate.”

The court partially granted the appeal, reducing Scott’s fine to $10,000, half of the original penalty. The court also allowed him to make monthly $500 payments toward it.

His probation was also reduced to eight months, a duration that is now complete. (CTV Calgary)

This report by The Canadian Press was first published July 22, 2022.

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Alberta

‘Short-term pain’: Group of Alberta lawyers escalate job action over legal aid cases

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By Bill Graveland in Calgary

Alberta criminal defence lawyers are taking another step in their dispute with the provincial government over the amount of compensation paid by Legal Aid Alberta.

Organizations representing lawyers in Edmonton, Calgary, Red Deer and southern Alberta began job action Aug. 8 by refusing to accept certain bail and duty counsel files from legal aid.

The lawyers also began refusing certificates for new cases for the most serious criminal charges, including sexual offences, firearms-related crimes and homicides.

Beginning Monday, they say all services will be withdrawn.

“We’re going to stop taking all certificates. That will include some our prior job actions still allowed us to take certificates for people who are already existing clients and there will be a very, very limited set of circumstances now where our members will do that,” said Kelsey Sitar, vice-president of the Criminal Defence Lawyers Association in Calgary.

“The default will be: ‘We are just not taking any new work from legal aid until the problem is fixed.'”

Sitar made her comments at a rally in front of the Calgary Courts Centre on Friday that drew about 50 criminal defence lawyers.

A table with a sign reading “Save Legal Aid” offered bake goods for sale. Lawyers carried signs reading “Access 2 Justice Must be Equal.” Another read: “This sign is too small to fit my outrage.”

“This is drastic. I mean, what we were doing up until now is something I know has happened in Ontario before, it did not last long, frankly,” Sitar said.

“I can tell you that none of us want to be out here. We all want to be in there doing our jobs.”

Justice Minister Tyler Shandro has said nothing is going to be done until a review of the Legal Aid Alberta administrative system is complete, which is scheduled for next month.

He said any budget changes for legal aid wouldn’t happen until next year.

Sitar said the ministry chose to undertake “an incomplete and, frankly, useless review” at a time when the governing United Conservative Party is about to go through a leadership change.

“So we have to act now and they need to respond now,” she said.

Sitar said she understands the people being affected the most by the job action will be people with lower incomes who need the services to afford legal representation.

“It’s short-term pain right now,” she said. “It’s really unfortunate, but I can tell you that most of the people I’ve talked to on the street who are finding themselves caught up in this understand and are grateful that we’re doing it.”

Alberta Opposition NDP Leader Rachel Notley said the problem has been growing over the last three years. She said when her party was in power, it committed to additional funding for Legal Aid, but the UCP government backtracked.

“We simply cannot be asking the Legal Aid bar to be doing what we are asking them to do at the rate that we are asking them to do it,” she told reporters.

“We have the lowest funding for Legal Aid in the country. What that means is that we don’t have equal access to justice. It undermines the integrity of our justice system and, overall, it undermines our ability to build a sense of community safety, community security and an overall respect for the rule of law — all of which are important to community health and economic growth.

“It sounds like a niche issue, but it’s not. It actually has knock-off effects to very, very important issues that affect all of us. So, the government needs to come to the table and negotiate decently with these lawyers.”

This report by The Canadian Press was first published Sept. 23, 2022.

— With files from Colette Derworiz in Calgary.

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Alberta

‘Kind of like carnies’: International balloon festival returns to High River, Alta.

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By Bill Graveland in High River, Alberta

The windswept prairie east of the Rocky Mountains seems an unlikely spot for a hot-air balloon festival, but the town of High River, Alta., is celebrating the event’s 10th year.

More than 20 brightly coloured balloons — including a pink elephant, a black and yellow bee and the purple and yellow Eye of Ra, named after the Egyptian sun god — took advantage of a lull in the prevailing wind this week to get some up-in-the-air time to mark the opening of the Heritage Inn International Balloon Festival.

“We get about 50 per cent of our flights off. Weather impacts us everywhere,” said event director Jamie Kinghorn, who is also a town councillor.

“This is our 10th. We started in 2013 partly because of the flood that happened. I’d been to a number of balloon events and thought this might lift the spirits of the folks in town.”

The town of 12,000 just south of Calgary gained an international profile in 2013 when flooding in parts of southern Alberta caused billions of dollars in damage.

High River was one of the hardest-hit communities. Entire neighbourhoods were under water for weeks.

“I called in a bunch of friends from the balloon community and they knew what happened, so 20 of them came into High River and we put on a balloon festival that was actually amazing for the community,” Kinghorn said.

“That was sort of the first major thing toward recovery after the flood and we’ve been doing it every year since at the end of September.”

Kinghorn said the festival is a boon to local tourism and there’s not a hotel room to be had in town.

He had his first hot air balloon over the city of Calgary in 1988. A year later he was a balloon pilot.

There are 23 balloons participating this year, including some from the United States, Belgium and the United Kingdom.

Kinghorn said it’s a pretty small community.

“We tend to meet at various events. We tend to travel. We’re kind of like carnies to some extent,” he said with a laugh.

“We travel around to different cities to different balloon events.”

Alan Davidson, who has been involved in the sport since 1977, is one of the volunteers.

He said those who get involved tend to stick with it.

“The amazing thing is that there are still seven or eight of the people I was ballooning with in the ’70s and early ’80s who are still here at this event,” said Davidson. “They’ve been working with balloons for over 40 years.”

Kinghorn, who is the owner and pilot of the Eye of Ra, was the first balloon in the air Thursday morning after a Wednesday evening flight was cancelled due to the wind.

“My God am I glad we got this off,” he said as the flight came to an end.

The festival runs through Sunday.

This report by The Canadian Press was first published Sept. 23, 2022.

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