HURON COUNTY – Huron County Justice Timothy G. Macdonald dismissed two of three convictions against Wingham restaurant owner Stephen Hill (Buck and Jo’s Restaurant) in a July 11 decision on appeal of the sentencing and fines in the case.
Hill was convicted on three charges in Feb. 2023: one count of failure to comply with the Health Protection Act, one count of Failure to Produce a Safety Act and one count of Failure to Comply with Getting Proof of Vaccination from Patrons.
The restaurant owner was ordered to pay $5,500 – $1,500 each for not providing a safety plan and not checking for proof of vaccination against COVID-19 and $2,500 for failure to cooperate with Huron Perth Public Health (HPPH) enforcement.
In his ruling, Macdonald explained that he felt that Medical Officer of Health Miriam Klassen erred in her writing of an order requiring Hill to comply with the Huron Perth Public Health (HPPH) requirements to check patrons’ proof of vaccination against COVID-19 and to produce and display a safety plan.
Macdonald dismissed convictions of one count of Failure to Produce a Safety Act and one count of Failure to Comply with Getting Proof of Vaccination from Patrons after finding that Klassen did not specify an actual date and time for Hill to comply, instead only writing that he must comply within one week or be closed.
Macdonald said the lack of a specific time and date left the order open to dispute and misinterpretation. “This is an order by the Health Department restricting a person’s liberties; it’s got to be specific; you can’t just say well, we think it must have run out by this time; it’s got to be specific.”
The Justice also disputed the vaccine program in general, saying that since Hill’s conviction, it has been proven that the vaccination did not prevent people from getting infected or transmitting the highly contagious disease. Additionally, the Justice disputed the social distancing regulation, saying he couldn’t figure out where or why that rule had been implemented.
Macdonald did uphold one conviction against Hill, failing to comply with the Health Protection Act, saying he couldn’t find “grounds to interfere” in the original Justice’s decision.
Macdonald repeated the original Justice of the Peace’s reasoning for the conviction and subsequent fine, saying, “The seriousness of the pandemic, however, is an aggravating factor they have to consider, and that we were all advised to follow the safety measures regardless of whether we agree with them or not. And so the deterrence factor is not just specifically for you, but also for the general population.”
Because Hill has no previous record and had to close his business for several months, Macdonald found the $2,500 fine unreasonable and reduced it to $1,000, giving Hill six months to pay.
Related story: https://midwesternnewspapers.com/wingham-restaurant-owner-back-in-court/
