The outcome of a Constitutional challenge in Saskatoon Court of Queen’s Bench could affect how a case involving pandemic-related tickets in Moose Jaw provincial court is handled.
The Justice Centre for Constitutional Reform (JCCF) filed the challenge in April on behalf of two anti-lockdown protesters who were ticketed for attending an outdoor protest in Saskatoon in December 2020 that exceeded Saskatchewan’s 10-person outdoor gathering limit at that time, a news release explained.
Jasmin Grandel attended to share her concerns about the lack of transparency with information on which government requirements and restrictions were based, including the requirement that her son wear a mask in kindergarten. Darrell Mills, who says he is certified in mask fit testing and trained in supplied air breathing systems, attended to voice his concerns about improper mask use and burdens placed on people with physical or psychological conditions that prevent them from wearing masks.
The Saskatoon Police Service issued tickets of $2,800 to both individuals. Regina police also issued tickets to Grandel when she attended similar protests in Regina.
“The Justice Centre alleges in the filed court documents that prohibiting outdoor protests in excess of 10 people violates the freedoms of thought, belief, opinion and expression, peaceful assembly and association, guaranteed under the Canadian Charter of Rights and Freedoms,” the JCCF said.
“The legal action asserts that prohibiting outdoor protests in excess of 10 people is not justified. While hundreds of people are permitted to gather in indoor facilities to shop or dine, only 10 people are permitted to gather outdoors, regardless of physical distancing or the size of the public space utilized,” the organization added. “Further, Dr. (Saqib) Shahab himself has stated (in June 2020) that outdoor gatherings are safer than indoor gatherings.”
Should the Court of Queen’s Bench strike down the restrictions on outdoor protests in Dr. Shahab’s orders, the tickets issued under those orders should also be invalid.
The Constitutional challenge to the restrictions on outdoor protests is currently pending case management to establish a timeline for the litigation.
In Moose Jaw provincial court on Aug. 31, JCCF lawyer Henna Parmar appeared on behalf of five individuals who received pandemic-related tickets in 2020 and 2021 in Moose Jaw. Those individuals include Lydia J. Wipf, Becki Michelle Schultz, R. Brent Wintringham, Jasmyn Rayann Grandel and Chey Craik.
A sixth individual, Mark Friesen, is representing himself.
Parmar explained to Judge Daryl Rayner that the JCCF had lodged the Constitutional challenge in Saskatoon, while the outcome of that court case could affect what happened with pandemic tickets in The Friendly City. Therefore, she wanted to adjourn this collective situation into December.
However, both Rayner and Crown prosecutor Stephen Yusuff thought that was too long of a delay and proposed Tuesday, Oct. 12. This would allow for a possible outcome with the challenge.
Parmar agreed to the adjournment.
Depending upon how the challenge goes in Saskatoon, its outcome could also affect whether two pandemic-related trials proceed in Moose Jaw.
Nancy Nash has pleaded not guilty to two charges and has a trial on Monday, Nov. 8. She was charged with violating the public health act on Jan. 23 for allegedly not wearing a mask in a public place and later charged on March 17 for allegedly participating in a public gathering contrary to the restrictions.
Meanwhile, Tannis Rae Brideau has pleaded not guilty to two charges and has a trial Tuesday, Nov. 9. She was charged with allegedly making harassing phone calls to Holy Trinity Catholic School Division on Jan. 15 and for breaching a previous release order from Nov. 2, 2020 by failing to keep the peace and be of good behaviour.
