Alexandra Stewart, who resisted lockdowns and various orders issued by the North Bay Parry Sound District Health Unit regarding the operation of her business at the height of the COVID-19 pandemic, has been convicted of 36 related Provincial Offences, according to a news release issued by the Health Unit.
On June 3, the Ontario Court of Justice in North Bay rendered its decision on the Provincial Offence charges issued by the Health Unit concerning Stewart's operation of Stewart’s Decorating between January and May 2021. Charges were laid under both section 10 of the Reopening Ontario (A Flexible Response to COVID-19) Act (ROA) and section 100 of the Health Protection and Promotion Act (HPPA).
The Health Unit states the charges were issued during this period in connection with observed non-compliance with COVID-19 regulatory requirements of the ROA in place at the time and for non-compliance with a section 22 Order issued under the HPPA.
The Ontario Court of Justice returned convictions on 36 corresponding offence dates. Two charges were dismissed.
Stewart's legal counsel, Antoine d'Ailly says his client is "carefully reviewing the reasons for decision given by the justice of the peace. The possibility of an appeal to a provincial judge remains open."
In April 2022, a separate criminal charge of disobeying a court order against Stewart was withdrawn at the request of the Crown, citing "no public interest" in proceeding with the prosecution.
Background
On April 17, 2021, the Health Unit issued a Section 22 Order under the HPPA ordering Stewart to immediately close Stewart’s Decorating. Under Section 22 of the Health Protection and Promotion Act, a medical officer of health can issue an order to “require a person to take or to refrain from taking any action in respect of a communicable disease.”
The order was issued as a result of what the Health Unit deemed in 2021 to be Stewart's continued non-compliance with Ontario Regulation 82/20 and province-wide, public health restrictions that were in effect, according to the Emergency Management and Civil Protection Act, and the Reopening Ontario Act," according to a previous Health Unit release.
See related: Stewart’s Decorating ordered closed by Health Unit for COVID non-compliance
The Section 22 Order required Stewart’s Decorating to remain closed to the public and all patrons, including the prohibition of curbside pickup, except for delivery and service by telephone or remote means.
The Health Unit reported taking "various actions" between January 25, 2021, and April 16, 2021, "to correct the non-compliance, including providing education and warnings, followed by the issuance of multiple Provincial Offence proceedings."
See also: Health Unit 'forced into' sanctions against local business
A conviction of non-compliance with a Section 22 Order issued by the Health Unit can result in a fine of up to $5,000 per day of non-compliance for individuals, and up to $25,000 per day for corporations.
Stewart had been a long-time critic of the government's shutdown orders and spoke out against the measures that greatly affected her and the business.
See: Stewart's Decorating owner vows to fight Health Unit action
And: Alexandra Stewart: 'I am fully committed to the fight I have undertaken'
"People know that not only do lockdowns not work, they are extremely harmful and the collateral damage from them is devastating," said Stewart in 2021 when she was charged. "The impact the lockdowns are having on small businesses is disastrous. Every week I have small business owners calling me in distress. As a community, we need to work together to help these people and find a more balanced approach to the problems we are facing."
The North Bay Parry Sound District Health Unit states it continues to protect and promote public health per its mandate under the provincial public health statutory regime, including conducting progressive enforcement and prosecution of public health offences if necessary.
