Court dismisses Saskatchewan restaurant's case against COVID-19 health orders
A Saskatchewan judge has upheld the province's public health orders that required restaurants to track patrons during the height of the COVID-19 pandemic, saying it did not violate the charter rights of people going to get food at a restaurant linked to a significant outbreak.
Shorebird Investment Ltd, which operates a hotel and restaurant in Tobin Lake, Sask., filed the legal challenge after it was charged for not following health orders in March 2021.
Judge Steven Schiefner said that the public health orders did not impede on diners' constitutional rights and found Shorebird guilty.
In a written decision Tuesday, Schiefner said that keeping a list of diners was not a significant infringement of the right to privacy and was reasonable considering the state of the pandemic at the time.
"Without accurate and immediate access to contact information by public health officials in the event of a viral outbreak at a restaurant, the health and well-being of many people can be put at risk -- not just the lives of the diners potentially affected, but also the members of their household and local community," the decision said.
The public health orders at that time required restaurants to collect the first and last names of all dine-in patrons, as well as a phone number or email.
Court heard that in March 2021 vaccinations were not readily accessible and most people in Saskatchewan were vulnerable to getting and transmitting COVID-19.
Julie Kryzanowski, Saskatchewan's deputy chief medical health officer, told court contact tracing was particularly important to stop the spread of the virus and to manage outbreaks.
The decision said Shorebird owner Bryan Baraniski was warned by officials multiple times about the rules. However, the restaurant only had a volunteer and incomplete sign-in sheet and a notice posted at the front of the business.
Public health records indicated that on March 10, 2021, a community outbreak occurred at the Shorebird Inn. Staff and patrons were affected, the decision said.
Baraniski was among those infected. He was hospitalized for 29 days and spent most of the time in the intensive-care unit on an oxygen machine, the decision said.
But after the outbreak was linked to the establishment, public health officials trying to contact trace infections found the lists kept by the restaurant were inaccurate and incomplete.
The Saskatchewan Health Authority issued a COVID-19 warning for the restaurant and the business was fined $14,000.
Schiefner said the outbreak demonstrates the need for public health officials to have timely access to reliable contact information, particularly so in a restaurant setting where there's a lot of people from different households.
"Baraniski's own personal experience and the outbreak that occurred at the Shorebird Inn graphically illustrates the serious public health risk presented by COVID-19."
The public health order requiring a dine-in list was removed in July 2021.
This report by The Canadian Press was first published Nov. 25, 2022.
CTVNews.ca Top Stories
Indian envoy warns of 'big red line,' days after charges laid in Nijjar case
India's envoy to Canada insists relations between the two countries are positive overall, despite what he describes as 'a lot of noise.'
Former homicide detective explains how police will investigate shooting outside Drake's Bridle Path mansion
Footage from dozens of security cameras in the area of Drake’s Bridle Path mansion could be the key to identifying the suspect responsible for shooting and seriously injuring a security guard outside the rapper’s sprawling home early Tuesday morning, a former Toronto homicide detective says.
Stormy Daniels describes meeting Trump during occasionally graphic testimony in hush money trial
With Donald Trump sitting just feet away, Stormy Daniels testified Tuesday at the former president's hush money trial about a sexual encounter the porn actor says they had in 2006 that resulted in her being paid to keep silent during the presidential race 10 years later.
Alcohol believed to be a factor in boating incident after 2 men die: N.S. RCMP
Two Nova Scotia men are dead after a boat they were travelling in sank in the Annapolis River in Granville Centre, N.S., on Monday.
Northern Ont. woman makes 'eggstraordinary' find
A chicken farmer near Mattawa made an 'eggstraordinary' find Friday morning when she discovered one of her hens laid an egg close to three times the size of an average large chicken egg.
Susan Buckner, who played spirited cheerleader Patty Simcox in 'Grease,' dead at 72
Susan Buckner, best known for playing peppy Rydell High School cheerleader Patty Simcox in the 1978 classic movie musical 'Grease,' has died. She was 72.
Jeremy Skibicki has 'uphill battle' to prove he's not criminally responsible in Winnipeg killings: legal analysts
Accused killer Jeremy Skibicki could have a challenging time convincing a judge that he is not criminally responsible for the deaths of four Indigenous women, a legal analyst says.
Bye-bye bag fee: Calgary repeals single-use bylaw
A Calgary bylaw requiring businesses to charge a minimum bag fee and only provide single-use items when requested has officially been tossed.
CFL suspends Argos QB Chad Kelly at least nine games following investigation
The CFL suspended Toronto Argonauts quarterback Chad Kelly for at least nine regular-season games Tuesday following its investigation into a lawsuit filed by a former strength-and-conditioning coach against both the player and club.