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By Chris Brown

$1,200 voluntary payment option

UPDATED: Medicine Hat man charged with breaching health order on indoor gatherings

Dec 18, 2020 | 9:49 AM

MEDICINE HAT, AB – Medicine Hat police have released more information regarding the charge laid today for breach of public health orders, in response to public concern and in an effort to provide clarification.

On December 13, 2020 members of the MHPS attended a residence located in the 330 block of 4th 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.

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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.

Our original story is below:

Police have charged a Medicine Hat man with breaching the public health order that forbids having people who do not live with you in your household.

It’s the first charge under the chief medical officer of health’s order laid by the Medicine Hat Police Service since the order went into effect on Dec. 8.

Police were called to the 300 block of Fourth Street SE on Dec. 13 to assist EMS in a reported medical concern. While there, police determined the man had a woman from Calgary staying in the residence.

Police say the accused man was informed of the public health order and then became argumentative and refused to comply with the directions of officers.

The public health order states that “out-of-town visitors cannot stay in other people’s homes while these restrictions are in place, regardless of where they are coming from.”

After reviewing the investigation, aggravating factors, and the subsequent legislation, on Dec. 18 police charged the man with one count of section 73(1) for contravening an order of the CMOH under the Public Health Act.

“This isn’t something that we take lightly,” S/SGT Jason Graham said. “We don’t take any joy in doing this. This isn’t something that we want to do. Education is our first and foremost obligation when it comes to this. But again, as it gets to a certain point, we would then be neglecting our own duties if we didn’t follow through.”

Responding to posts on their own Facebook page questioning the charge and cohort rules, MHPS has said, “Unfortunately we can not elaborate on the circumstances for privacy reasons, however, we wish we could. All we can say is that it was a clear breach of the orders.”

The charge comes with a voluntary fine payment option of $1,200.

Enforcement measures are in place to protect the safety of all residents of the community, say police in a release.

“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.”