Three weeks ago, Justice Barbara Romaine issued a 90-page decision, ruling the province's health orders were invalid because they breached the Public Health Act.
In light of that decision, the Alberta Crown Prosecution Service said last week that it would be taking steps to ensure the remaining 14 cases before the courts would see acquittals or stays of proceedings.According to statistics provided by the province, of the 759 sets of charges laid during the pandemic, 176 resulted in convictions for breaching the Public Health Act.
When it applies for an order to quash a conviction, ACPS says typically the Crown asks the court to order any fines that have been paid be refunded.But ACPS would not provide further information as to what the plan is for the Crown to apply for quashing orders. The government faces an "uncommon situation on a file that engages serious interests and has implications for a number of groups of people," says Sarah Rankin, a defence lawyer who serves on the executive of several legal organizations in Alberta.