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maxime bernier again convicted for violating public health order
in total, a saskatoon judge convicted 37 people of violating a public health order in relation to a rally in that city, including the politician.
dec 22 2023
3 minute read
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as happened so often in saskatchewan during the covid-19 pandemic, on may 9, 2021, a group of presumably like-minded individuals gathered in a saskatoon park surrounding the city’s vimy memorial.
the gathering featured speakers likely familiar to others in attendance, such as maxime bernier. bernier, the leader of the federal people’s party of canada, is a politician who was vehemently opposed to pandemic-related restrictions, such as the one in place at the time of the saskatoon rally, prohibiting gatherings of more than 10 people.
he, along with dozens of others, were charged with violating the public health order under the public health act.
“ yeah, i was there. and i was proud to be there,” bernier told media during the trial, which was held at the city’s tcu place due to the sheer number of accused. a total of 44 were on trial.
he said those charged alongside him were not “criminals” but “heroes” fighting for the right to protest.
“ we will win that case,” he said.
people’s party of canada leader maxime bernier, wearing a saskatchewan roughriders jersey, is shown speaking at a may 8, 2021 anti-mask rally at victoria park in regina. he was later convicted of violating a public health order for his presence at the rally.
troy fleece
/
regina leader-post
in total, a saskatoon judge convicted 37 people of violating the public health order in relation to the rally, including the politician.
although he found no question that the event was a gathering and that it exceeded 10 people, judge doug agnew had to contend with a litany of motions under the charter of rights and freedoms, along with other arguments not advanced as constitutional challenges.
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arguments advanced included mention of an alberta case from that province’s court of king’s bench, which is a higher court than a provincial court. that decision found that a similar public health order had been made without the proper authority.
a group of accused tried to argue that agnew needed to respect the decision of the higher court and apply it to the case at hand. however, agnew pointed out that this principle of binding authorities from higher courts only applies within saskatchewan.
however, he considered the alberta case nonetheless, and concluded the arguments pertaining to the saskatchewan public health order at issue failed to show it was made without proper authority.
other arguments were also advanced and resulted in similar success, or lack thereof, including an attempt to find fault in police use of an sgi database to make identifications of rally participants, and some manner of claim about “censorship.”
regarding censorship, which included reference to witness testimony about “facebook jail,” the judge wrote that “belief is not proof.”
“they may be correct in their beliefs, or they may not be: that is why courts require evidence, not mere assertions.”
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a lack of evidence plagued a number of arguments accused parties sought to advance in the case, with the combination of the words “no evidence” written 11 times in the judge’s decision.
it was not the first time bernier was convicted of violating a public health order.
he was fined $4,200 for that offence, which a prosecutor described as his second conviction for a public health order violation. for his first, the prosecutor noted, he was fined $9,800.
agnew’s decision on the may 9, 2021 saskatoon rally matter does not consider sentence, so a decision on that may yet be forthcoming.
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