Another court challenge has resulted in a positive outcome for those who defied certain public health measure in Alberta.

Pastor Artur Pawlowski was violently arrested by Calgary Police for holding Church services.

The Charter guarantees citizens right to peacefully assemble, freedom of religion, and freedom of expression. The Criminal Code of Canada also states that interfering with a Church service is a criminal offence.

Unfortunately, what we are seeing is what many of us have suspected for some time. That public health officials, politicians, lower courts, and in some cases the police, have been operating under an assumed carte blanche in relation to COVID measures. We have seen our fundamental freedoms and the rule of law disregarded time and again.

Pawlowski had unreasonable court conditions placed on him which appeared to be more based on Justice Germain’s personal beliefs than on the law. Thankfully the appeals court has reaffirmed that the Charter is paramount. We have seen similar rulings in recent months and expect more in the future.

In this case the appeals court ordered Pawlowski’s legal costs to be paid by Alberta Health Services. It also orders the reimbursement of any fines and penalties paid to the government.

While this is a positive outcome, we still believe that there needs to be accountability for those who allowed such violations to occur.

This is one of many wins recently that we’ve seen using the Charter of Rights and Freedoms. Police on Guard has always stood for and on the merits of the Charter. We believe that this case, along with our court cases and many others, have and will continue to establish case law based on Charter breaches. This is what will entrench in law that these mandates were always unconstitutional.