Pastor Artur Pawlowski's lawyer, Sarah Miller of JSS Barristers, is in court this morning to submit vital documents regarding the punishment Pastor Artur will face in an upcoming hearing.
This submission will determine the difference between "time served" and Pastor Artur going back to jail.
Adam Soos will be providing live tweet updates on the hearing.
(9:02 AM MT / 11:02 AM ET)
Sarah Miller will be in court momentarily where she will be making oral submissions about potential sentencing for Pastor Artur Pawlowski and his brother Dawid. Justice Adam Germain is once again presiding.
Justice Germain is laying out the proposed sentencing for Pastor Artur and Dawid, AHS lawyers are seeking imprisonment and fiscal indemnification, Sarah Miller is proposing that time served is more than sufficient sentencing especially considering events over several months.
AHS lawyer John Siddons is discussing fiscal remuneration and laying out a roadmap for potential sanctions (sentencing) for Pastor Artur and Dawid.
Mr. Siddons suggests that that any discussion of the treatment of the Pawlowski's and their liability was determined in the original ruling, and revisiting these facts is effectively double dipping.
Mr. Siddons is arguing that liability and additional factors and considerations should not be considered towards reduction the 21 day suggested jail sentencing for Pastor Artur and 10 day jail sentence for Dawid Pawloski.
Mr. Siddons is citing precedent cases to establish sentences, specifically cases where violations of a court order resulted in a contempt ruling. He argues that the Pawlowski's had leadership roles in their community and were public in their opposition to the order.
Go to SaveArtur.com to help fund his legal defense.
Mr. Siddons also cites aggravating factors including that the Pawlowski's did not enter guilty pleas and that they have not formally apologized to the courts. He continues to discuss the lack of admission of guilt and lack of public submission and acknowledgement of wrongdoing.
Mr. Siddons is now playing videos of Pastor Artur lamenting the decision as evidence of his lack of contrition.
In the video Pastor Artur also decries the double standards and seemingly selective enforcement on pastors while politicians broke rules without consequence.
Mr. Siddons is now criticizing Pastor Artur for "leveraging" his conviction into a speaking tour in the United States.
AHS lawyer Mr. Siddons is now playing a clip of Artur saying that he is not sorry, and he will not say sorry. In the clip Artur describes his terrible treatment in jail.
Mr. Siddons states that Artur has intentionally gained fame from his convictions, and furthermore that he has encouraged other to engage in similar actions.
Mr. Siddons is now playing footage to attempt to assert that the Pawlowski's have not only not apologized, but that they knowingly violated the Rooke order.
AHS suggests that a mere fine would not adequately deter future offenders from engaging in contempt of court. Mr. Siddons acknowledge that imprisonment is a severe sanction for a first time offender, but that it is not entirely without precedent.
Mr. Siddons is now laying out fiscal indemnification, and suggesting that the limited final penalty suggested by the defendants legal counsel would not serve as a sufficient deterrent.
My colleague @SheilaGunnReid will be taking over live-tweeting court proceedings:
Just jumping on to the WebEx hearing on submissions for penalties for Pastor Art Pawlowski for breaching court order that required him to close his church. I tuned in to see government lawyers showing a church service about the supremacy of God like it was evidence of a murder.
Further on Art Pawlowski's submission hearing HAPPENING NOW: Siddons for AHS is asking for further custodial sentence, says fine will not deter Artur. Admits AHS are making an example of him, to deter the public from resisting the lockdown. Help at SaveArtur.com
Lawyers for AB govt/AHS are citing substantial fines issued to Trinity Bible Chapel in Waterloo, and Church of God in Aylmer, ON. Admits those fines did not bring those churches to their knees before govt. So they want jail time here for Pastor Art.
Siddons for AHS says Artur's public & continued defiance of the court order prove the absence of mitigating factors like an apology. (So because he didn't grovel to the government who robbed him of his religious freedom, he should go to jail beyond the days he spent in jail?)
Artur and his brother Dawid are alleging that they were denied access to their lawyer. (Which we heard almost immediately upon their arrest from their lawyer). AHS lawyer Siddons denies this is the case. Says their section 10b rights and 11a rights were never violated.
The Pawlowskis allege their jail guards mocked their religious beliefs (when they were arrested for holding church services against the government lockdown). Government has provided evidence from someone at the jail that they "didn't recall" seeing/hearing any mockery.
Oh my God. Alberta Health Services/govt want costs on top of 21 days in jail from the Pawlowskis. Govt wants $15,732.50 from a pastor and his brother who minister to the homeless in Calgary's downtown for the crime of holding church services. Disgrace!
Side note: a Calgary police Services officer admits that he did Charter and caution the Pawlowskis but did not facilitate getting them in contact with their lawyer. (If you're in jail and someone doesn't facilitate a phone call, isn't that denial of access to your lawyer?)
AHS lawyers are complaining that Alberta Health Services bureaucrats actually had to do their jobs and justify their bad decisions by attending five different cross examinations by Art's lawyers. Applying a busybody multiplier if 2.5 to their time. $15732.50
Alberta Health Services admits that there are 7 known cases of covid at the Calgary remand center where they demand Art Pawlowski to spend 21 days and his brother to spend 10 days for opening their church. Said the men should get vaccinated. My. God.
The maniacs at AHS are asking a court to take healthy men and put them in a jail where covid is spreading... because the govt wants to protect the public from the men who don't have covid but opened a church in the times of covid.
Court is adjourned for 10 minutes. Pastor Art's incredible lawyer Sarah Miller is up after to rebut the demands for several pounds of flesh, nearly $16,000 in costs, and 21 days in jail from the Alberta gov't. Art's crime was opening his church.
(10:36 AM MT / 12:36 PM ET)
Sarah Miller is arguing that if Alberta Health Services had given notice of the inspection of his church and allowed Art a chance to contact lawyer, he would never have fallen into contempt. Instead the govt started contempt proceedings immediately.
The Pawlowskis proceeding was never delayed. It would seem that the government didn't like being forced to show their work and be cross-examined. The government is inflating/multiplying the costs they want ordered against Pawlowskis on a rule that they unreasonably delayed.
Miller makes an excellent point about the spitefulness of the government. "Alberta Health Services is conflating contempt for AHS with contempt of the Court"
Miller says $500 fine should be the max for the Pawlowskis. Their crime, once again, was reopening a church in defiance of the lockdown.
Miller says there is no evidence before the court that either Pawlowski had an opportunity to obtain legal advice, court order was not read to them (it was folded up in a plastic baggie and placed at their feet), order was obtained ex parte. Relevant to degree of culpability (they were arrested just hours later)
Alberta Health Services wants an apology from Pastor Art for, I guess, being obedient to God instead of Tyler Shandro. AHS alleges Art didn't take the proceeding seriously. However, Art's own words in a video the govt showed as evidence indicate sorrow/concern for Canada.
Miller says that the videos showed by the govt/AHS in proceedings today show that the AB govt is conflating contempt for the govt and political expression with contempt of the court. Contempt for the govt is not a crime. It's a charter guaranteed right.
Alberta Health Services is alleging that Art Pawlowski urged disobedience of the law. Their proof: A video of Art submitted to the court as evidence by the govt wherein Art says "courage is contagious."
Miller is pointing out that the government, by seeking incarceration first, is starting right off the rev limiter (my words not hers). Why didn't the govt examine all the other sanctions before 3 weeks incarceration? It's utterly unreasonable and unfair.
Miller infers that since AB Health Services weren't able to get Pastor Art Pawlowski on public health tickets (that the govt keeps issuing to him for feeding the homeless and that she keeps getting withdrawn) they're pursuing jail here for contempt where they normally wouldn't.
Court is adjourned for 10 minutes while they work out scheduling conflicts.
Holy hell. Alberta Health Services just argued that since they don't think the Pawlowskis can pay a substantial fine, they should go to jail. So like pauper's prisons? The government is arguing for incarceration of the poor unless they can exhibit financial capacity?
Miller notes that at most the Pawlowskis were in possible contempt for a matter of hours. The government is asking for 3 weeks in jail and nearly 16k in costs.
Court is adjourning til tomorrow morning. Pawlowskis should they wish will have an opportunity to address the court.
More to come...
Help pay for Pastor Artur's legal battle at SaveArtur.com