Owner of inn fighting COVID-19 fines under previous public health order loses court battle

The owner of the Shorebird Inn, in Tobin Lake, Sask., has been found guilty of not following public health orders after hefiled a motion to have his case dismissed on the basis of abuse of process.

Shorebird Inn and its employees and patrons were the subject of multiple fines since the COVID-19 pandemic began in 2020. In March 2021, at least 15 COVID-19 cases were tied to an outbreak at the inn.

The innwas ticketed before for failing to screen visitors for proof of vaccination or a negative test. Because the Shorebird Inn hadreceived previous tickets, the court appearance was required.

In the court proceedings,one of the owners initially questioned the constitutional validity of the public health order that his charge was based on.

Another judge ruled on a case with this exact issue in Saskatchewan, saying that the order did not go against Charter rights. The owner then withdrew that challenge, but subsequently filed a notice claiming that his prosecution was an abuse of process.

"Counsel's position is that the continued prosecution of [the man] would undermine the integrity of the justice system. Counsel argues that the public will lose confidence in the police and their important role in the justice system if [the man] is prosecuted after being offered mediation by the officer and after complying with the requirements of that offer," the judge wrote in their decision.

The owner was offered mediation, but the judge found he was in contravention of public health orders after the mediation was offered.

"[The man's] belief that [the police officer]and the public health officials were only concerned about his personal compliance and not compliance at the Shorebird Inn more generally is both illogical and self-serving," the decision reads.

"I am not satisfied that [he]was in compliance with the proposal presented to him on May 9, 2021 by [the police officer]. While "he" may not have violated the applicable public health orders prior to June 30, 2021, the same cannot be said for the staff he was supervising at the time."