On May 6, 2021, the Associate Chief Justice of Alberta (ACJ)
issued an ex parte (without notice to any adverse party) injunction
Order (Ex Parte Order) relating to the enforcement of
COVID-19 restrictions. In a further return application heard on
notice conducted May 13, 2021, the Ex
Parte Order was upheld, but with important amendments as
described below.
The Ex Parte Order arose from Alberta Health
Services (AHS) attempting to enforce a series of orders issued by
Alberta's Chief Medical Officer of Health (CMOH Orders) against
certain individuals and businesses.
Specifically, it was alleged that a business, operating as the
Whistle Stop Café in Mirror, Alberta, had ignored multiple
attempts by AHS to enforce CMOH Orders and had otherwise engaged in
promoting large-scale protests against COVID-19 restrictions. In
addition, it was alleged that AHS also became aware of an
additional large-scale event that claimed to be promoting a similar
protest against COVID-19
