UPDATE: Clarification of Breach of Health Order Charge

In response to public concern and in an effort to provide clarification surrounding the charge laid for breach of public health orders, the Medicine Hat Police Service (MHPS) has determined it necessary to release additional information regarding the circumstances involved.

On December 13, 2020 members of the MHPS attended a residence located in the 330 block of 4^th Street SE to assist EMS follow a report of a medical concern. At the scene it was determined that a female from Calgary, AB was suffering from drug related symptoms and was also displaying symptoms to Covid-19. Following an investigation it was determined that the male resident was involved in solicitation of prostitution offences as well as Controlled Drugs and Substances Act offences, these investigations are still on-going. The accused was advised of the Provincial Chief Medical Officer of health orders with respect to having persons within a residence.

On December 15, 2020 members of the MHPS were once again called to the residence, and requested by the accused to remove the female from the residence. Police provided supports to the female. The male was again advised of the CMOH orders and it was determined that there would likely be continual breaches and repetition of the offence and subsequently he was charged.

The intent of the health order is to increase community safety by temporarily restricting activities that could increase the transmission of the COVID-19 virus, and while it does allow for persons who live alone to have up to two other persons with whom they regularly interact with attend their private residence, that exemption does not apply in this circumstance.

The MHPS recognizes and appreciates that public concerns that surround the health orders and the restrictions to personal freedoms and as such have made a concerted effort to focus on gaining compliance through education rather than enforcement. In this circumstance the accused’s continual disregard for his personal safety and the safety of others led to the decision to proceed with a charge.

Original Release - Male Charged with Breach of Health Order

A Medicine Hat male has been charged with a breach of the Chief Medical Officer of Health (CMOH), public health order, the first charge laid by Medicine Hat Police Service (MHPS) since the CMOH orders went into effect.

On December 13, 2020 members of the MHPS were called to a residence in the 300 block of 4^th Street SE, to assist EMS with a report of a medical concern. At the scene it was determined that the male accused had a female from Calgary, AB staying with him in the residence. The accused was initially informed of the current CMOH Health orders but became argumentative and refused to comply with the directions of officers at scene.

On December 18, 2020 after a review of the investigation, aggravating factors and the subsequent legislation the male was charged with one count of section 73(1) for contravening an order of the CMOH under the Public Health Act. The CMOH orders indicate a person who resides in a private residence must not permit a person who does not normally reside in that residence to enter or remain in that residence. The fine amount carries a voluntary payment options for $1,200.

Enforcement measures are in place to protect the safety of all residents of the community. Since the introduction of the CMOH orders, the MHPS has made a concerted effort to focus on gaining compliance through education rather than enforcement, however in this circumstance the accused continued to refuse to comply with orders by allowing the female to remain in his residence despite several warnings. This combined with the circumstances surrounding the two persons involved has lead MHPS to proceed with a charge.

Media Contact:

S/Sgt Jason Graham
Patrol Section
Medicine Hat Police Service
Ph: 403-529-8461