Summary of Judge’s Decision
Alberta Health Services – CALGARY ZONE
DATE: December 30, 2009
DOCKET NO: 0905 69682
ACCUSEDS: 980941 Alberta Ltd.
JUDGE: B.A. Millar
PENALTY: Company $ 3,680
Nasreen $ 8,280
Naheed $ 8,280
TYPE OF CASE: FOOD VIOLATION – This matter proceeded by way of guilty
pleas to several charges under the Public Health Act and
Food Regulation. The accused were represented by
counsel and there was a joint submission regarding penalty.
This situation dealt with a Food Establishment located at 2623 – 17th Avenue
S.W., Calgary, Alberta (the “Premises”) operating under the name Crete
980941 Alberta Ltd. (the “Company”) applied for and received a Food
Handling Permit regarding the Premises.
Nasreen Zia and Naheed Zia are the Directors of the Company and both are
50% Shareholders of the Company.
There were 19 inspections conducted between April 8, 2003 and July 28,
2009 which indicated numerous breaches of the Act, Food Regulation and
Nuisance and General Sanitation Regulation. In many of the inspections,
there were 10 or more outstanding violations.
The accused were told back on January 30, 2004 that the food handlers in
the Premises would benefit from a safe food handling course.
A complaint was received on June 6, 2005 about mouse droppings noted in a
take out container and it then being emptied out and reused. The follow up
inspection found 11 outstanding violations.
Even at times when the accused were told the Inspector would be coming
numerous violations were found during the inspection.
On January 9, 2008 there was an Administrative Hearing where the long
history of violations was discussed and the accused were given one last
chance before proceeding to charges.
On June 3, 2008 an inspection was done regarding a complaint about a
customer with a confirmed case of salmonella. Eighteen violations were
A follow up inspection on March 3, 2009 indicated 21 violations. A verbal
Closure Order was issued to the staff. The accused then attended and
insisted that the restaurant was very clean (photographs had been taken of
the disgusting conditions). Mrs. Zia sat on the chair next to the Inspector and
poked her in the arm several times. The Inspector told her quite firmly “Do
not touch me”. Mr. Zia was standing opposite the Inspector and stated that
he was forced to take his wife from her hospital bed and that if anything
happened to his wife the same would happen to the Inspector. The Inspector
asked them to leave her alone so she could finish writing her report and post
the closure. Mr. Zia yelled that this was his restaurant and the Inspector
could not tell him what to do. He walked around the table towards the
Inspector. She pulled out her cell phone and said “do I need to call the
Police”. Mr. Zia grabbed for the phone and the Inspector ran outside, called
the Police and waited in her car until she could return to the restaurant 15
minutes later with a Police escort, to get her belongings and to complete her
report and post the closure.
The accused hired people with food safe training to work at the Premises and
a follow up inspection on March 11, 2009 indicated that enough work had
been done to rescind the Closure Order.
After hearing the above background facts, relevant case law and comments
from the Crown regarding the joint submission as well as comments from
defence counsel, the Judge stated that the penalty proposal was reasonable
and would be imposed.
He said that the penalty was certainly within the range and that the case law
regarding Public Health Act matters was clear that the penalty must be
He gave the company until February 15, 2010 to pay its penalty failing which
there would be enforcement. He gave the individuals until June 30, 2010
failing which a Warrant would be issued for their arrest and they would each
have to serve 109 days of jail time.
ALBERTA HEALTH SERVICES: CALGARY ZONE
HEALTH INSPECTORS INVOLVED: MARLENE WELCH
PREPARED BY LEGAL COUNSEL: ROBERT T. O’NEILL
Phone: (780) 429-6224