Judicial Stay of Proceedings for Ty Northcott

RED DEER, AB: The Justice Centre for Constitutional Freedoms is pleased to announce that charges against Ty Northcott have been stayed following the consequential Ingram v. Alberta decision.

The Northcott family hosted the “No More Lockdowns Rodeo Rally” on their property beside Alberta’s QEII highway from May 1-2, 2021. Thousands attended the rally, where Mr. Northcott spoke out against government lockdown measures and the importance of rights and freedoms.

On May 7, 2021, the Royal Canadian Mounted Police charged Mr. Northcott, his wife, Gail, and Northcott Rodeo Inc. with violating public health orders and served them summons to appear in Court on May 17, 2021.

On October 13, 2022, at the Red Deer courthouse, all charges against Gail Northcott were dropped. More than ten months later, on August 31, 2023, the Crown invited the Court to enter a judicial stay of proceedings against Mr. Northcott.

This follows the consequential Ingram v. Alberta decision released by the Alberta Court of King’s Bench on July 31, 2023. According to the decision, the Public Health Orders that Ty Northcott had violated were found to be ultra vires the Public Health Act and were, therefore, invalid. The Act requires that all decisions with respect to public health orders must be made by the Chief Medical Officer of Health and not by the Alberta Cabinet. In her concluding remarks, Justice Barbara Romaine stated, “While involvement of elected officials in these important decisions may be desirable and even necessary, this involvement should have been structured in such a way as to mitigate the risk of political priorities interfering with the informed and well-qualified judgment of the [Chief Medical Officer of Health], as provided in the Public Health Act, without ignoring the underlying public interest.” (emphasis added)

As a result of this decision, it is expected that the Alberta Crown will withdraw all Covid-related tickets and may reimburse all fines for violations of Covid-related public health orders paid by Albertans.

John Carpay, President of the Justice Centre, stated, “We are proud to have been able to support Mr. Northcott throughout this difficult ordeal, as well as supporting so many other courageous Canadians who peacefully exercised their Charter rights and freedoms in the face of unjust and unscientific lockdown measures imposed on Canadians by their own governments.”

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