Former Calgary mayoral candidate ordered to pay $650K in court case

Kevin J. Johnston, a former Calgary mayoral candidate, has been ordered to pay AHS public health inspector $650,000 in damages for comments he made about her in 2021. (File)

Kevin J. Johnston, a former Calgary mayoral candidate who a judge said used his online talk show to spread "misinformation, conspiracy theories and hate," has been ordered to pay $650,000 in damages.

The decision comes from statements made on The Kevin J. Johnston show, an online platform the defendant used to speak as a "self-appointed spokesperson for Albertans who opposed public health measures intended to mitigate the COVID-19 pandemic."

Alberta Health Services, on behalf of two of its public health inspectors – Sarah Nunn and Dave Brown – said Johnston defamed and harassed them with the comments he made on the program, going as far as to say he threatened the agency and its employees.

Justice Colin C.J. Feasby with Alberta's Court of King's Bench delivered his judgement Thursday, saying that Johnston's "bombastic statements" about Alberta Health Services and one of its public health inspectors Sarah Nunn "were defamatory."

"The statements that Ms. Nunn was an alcoholic, that she was misusing her authority as a public health inspector, and the implication from Mr. Johnston's repeated statement of his intention to arrest and prosecute her, that she was a criminal, would all tend to lower her reputation in the eyes of a reasonable person," Feasby wrote.

He added Johnston also referred to Nunn as a "terrorist" on multiple occasions, equating her and AHS to authoritarian ideologies such as the Gestapo – the Nazi secret police during the Holocaust.

"Mr. Johnston was a political candidate and a self-styled journalist. Given these roles, he may have been able to plead defences to this action including the defence of fair comment. Mr. Johnston chose not to defend the action, so there is no requirement that the court consider potential defences that Johnston may have had," the judgment read.

"With that said, I am doubtful that Mr. Johnston could have advanced a credible defence to defamation."

As for similar actions against Brown, the decision noted that the plaintiffs did not provide any similar statements Johnston made about him.

"Mr. Johnston only mentioned Mr. Brown in the context of the Whistle Stop Café incident where Mr. Johnston was upset because he believed that his microphone was locked inside the restaurant," Feasby said, adding that that did not lower Brown's reputation.

NUNN WAS HARASSED

While Johnston already pleaded guilty to criminal harassment for the same statements he made, Feasby granted AHS and Nunn a ruling in favour of harassment in the civil proceedings.

"He mocked Ms. Nunn and her family while showing pictures of them harvested from her social media accounts," Feasby wrote. "And, as discussed earlier in these Reasons, Mr. Johnston's statements could reasonably be interpreted as inciting his followers to violence against Ms. Nunn and her family.

"This behaviour was harassing and Mr. Johnston knew or ought to have known it was unwelcome."

Feasby said Johnston's actions made Nunn "fear for her safety and the safety of her loved ones," prompting her to go as far to install a home security system in her home.

TORT OF ASSAULT NOT PROVEN

While the court agreed that Johnston's actions both defamed AHS and harassed Nunn, Feasby found the former mayoral candidate's threats of violence, as "disturbing" as they were, did not constitute assault.

"Mr. Johnston made threats against Ms. Nunn and unnamed AHS employees on his online talk show, in interviews with the press, and through other media. The threats were, for the most part, statements outlining his intention to prosecute and jail Ms. Nunn and others once he was mayor of Calgary," he wrote.

"Mr. Johnston was also quoted by CBC as threatening AHS workers generally. He said, 'I'm coming for you all. If SWAT won't come, it's simple, I'll arm myself and I'll come right to your doors.'

"This statement together with Mr. Johnston's statements that if harm came to Ms. Nunn and other AHS employees they would deserve it, were not threats sufficient to ground an action for assault."

DAMAGES BY JOHNSTON

In his decision, Feasby awarded Nunn general damages of $300,000 and $100,000 in general damages for harassment.

"Ms. Nunn was a public health inspector employed by AHS. In normal times, a public health inspector enjoys respect and anonymity," the judgment read.

"Mr. Johnston's attacks on Ms. Nunn's professionalism and his labelling of her as a criminal and a terrorist brought her unwelcome attention."

Feasby also awarded $250,000 to Nunn for "additional harm" Johnston caused her by his comments.

On top of the financial penalties, the judge also ruled to extend Johnston's restraining order regarding AHS facilities and its employees to "a permanent basis."

The order, which was issued on May 14, 2021, prevented Johnston from "obstructing, molesting, hindering or interfering with AHS and its officers and employees" during the course of their regular duties, contacting them in any way, recording or photographing them in any way or publishing or communicating threats or hateful speech against them.

It also prevented Johnston from coming within 100 metres of any AHS public health officer or attending any hospital or AHS property aside from necessary personal medical treatments.

Even with those restrictions in place, Feasby says Johnston still has the freedom to protest AHS, Alberta's chief medical officer of health and the province's health policies in general.

"The proposed permanent injunction does not restrict Mr. Johnston's ability to criticize the CMOH, Alberta's public health policy choices, or AHS's public health actions.

"What is restricted is Mr. Johnston's ability to harass AHS employees as they carry out their duties and in their private lives."

'CLAPPING AND CHEERING'

In a statement made following the ruling, Johnston said his lawyer was preparing an official statement about the "serious impacts" it has on the "freedom" of Albertans.

"I know there are many out there clapping and cheering because they don't like me personally, but the problem with them clapping and cheering is that they are celebrating their own demise," he wrote online.

Johnston went on to say that anyone, including journalists, who agree with the judgment have "lost their rights" to criticize the goverment and its officials.

AHS declined any further comment on the ruling.