Yoav Niv seeks further disclosure in government dogpile case.

Defence attorneys for Christopher Scott, the owner of Whistle Stop Cafe in Mirror, Alberta, and an anti-lockdown activist, are alleging that government agencies colluded to target their client. Lawyers Chad Williamson and Yoav Niv argued in Red Deer’s Court of Justice that communications leading up to Scott’s arrest on May 8, 2021, and his subsequent three-day incarceration, should be provided as first-party information to the defence. Scott faces seven charges of violating the Public Health Act and one violation under the Gaming, Liquor, and Cannabis Act.

The defence claims the information they have received so far suggests a coordinated, politically motivated effort by multiple agencies against Scott. The emails imply that the investigation into Scott’s activities was not primarily driven by public health concerns, but by the need to avoid seeming ineffective by not taking action against him.

Crown prosecutor Peter Mackenzie and AHS lawyer Ashley Groenewegen argue that there’s no evidence in the disclosure provided that Scott was targeted due to his political beliefs, or that health authorities fabricated anything. They maintain that Scott was simply not complying with health orders, prompting their response.

A decision on whether the requested disclosure is considered first-party information is expected on May 9.

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