Written by The Democracy Fund
October 13, 2022
The Crown stays more charges against Pawlowskis arising out of alleged breach of probation.
CALGARY: Last year, Pastor Artur and his brother, Dawid Pawlowski, were sentenced to probation as a sanction for their alleged civil contempt of a Court Order. Counsel for the Pawlowskis, Sarah Miller, funded by TDF, appealed the civil contempt and sanction: the Court of Appeal found that there was no contempt and therefore that there would be no sanction. But while the Pawlowskis were under probation (before it was overturned on appeal) they were charged with multiple breaches of probation for allegedly falling behind on volunteer hours, failing to report in prompt time to probation, and failing to keep the peace by attending a public protest.
Pastor Artur was charged with four breaches; his brother Dawid with three. Those breach of probation charges have been outstanding and were set for trial on November 7-11, 2022. However, today the Crown stayed the charges and advised Ms. Miller that it will not be proceeding with the prosecution for these charges.
Ms. Miller, commenting on the stays, said, “It is a real relief to know that the remaining adverse effects of the civil contempt finding last year have finally been put to bed. Earlier this year, Artur spent many days in pre-trial custody and the judge who ordered his detention relied on the contempt proceedings extensively. That harm cannot be rectified, but at least we now know that the harm caused by the erroneous decision is finally over.”
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About The Democracy Fund:
Founded in 2021, The Democracy Fund (TDF) is a Canadian charity dedicated to constitutional rights, advancing education and relieving poverty. TDF promotes constitutional rights through litigation and public education. TDF supports an access to justice initiative for Canadians whose civil liberties have been infringed by government lockdowns and other public policy responses to the pandemic.