Former mayoral candidate Nancy Nash must pay a fine of $2,500 after a provincial court judge declared her guilty of breaching two pandemic-related public health orders.
Following a two-day trial in November that involved several witnesses and video evidence, Judge Daryl Rayner found Nash — who ran for mayor during the 2020 municipal election — guilty of failing to wear a mask in Home Hardware on Jan. 16, 2021, and of participating in an outdoor gathering with more than 10 people on Jan. 23 near Humpty’s Restaurant on Thatcher Drive.
After considering the evidence and Nash’s financial position, the judge fined her $1,000 for the first offence and $1,500 for the second offence. The Crown had recommended $2,800 for the latter incident since the provincial government stipulates such penalties in the health order mandate for individuals.
Rayner gave her until Sept. 30, 2022, to work or pay the fine.
Judge’s decision
Reflecting on the mask offence, Rayner pointed out that a section in the mandate said people must wear face masks in places such as retail and grocery stores. He also acknowledged that another section said people didn’t have to wear masks if they had a medical exemption from their doctor.
Nash had argued that she had had a doctor’s note that exempted her from wearing a mask.
While Nash had an exemption, Rayner pointed out that it was only for her work and for a certain period. Thus, her exemption was invalid and she was guilty of her charge.
With the outdoor gathering offence, Rayner said he was satisfied that there was a public health order in place then that limited crowd sizes; that 50 to 70 people had gathered; and that the event — a Freedom Rally — featured people carrying signs that opposed the mandate.
Furthermore, he accepted that an officer was unsuccessful in convincing people to gather in groups of 10; that there was a truck with a microphone on site for speakers; that Nash was present; and that she performed an Aboriginal prayer song.
Nash had argued that she was only there to care for Aboriginal elders.
The judge also rejected her testimony that she didn’t know the event was happening or the rally’s purpose.
“I have no evidence, of course, that you were part of the organization of organizing the rally, but clearly, you participated in it … ,” Rayner said. “Ignorance of the law is not an excuse.”
While Nash lives on a fixed income, her offences are serious — and require a financial penalty — since people have died during this pandemic, the judge added. The public must abide by the health orders regardless of whether they agree with them since experts believe the mandates can protect the public.
Nash’s rebuttal
Nash said that she did not know about the public health mandates since she doesn’t have a smartphone and never received any mail. Furthermore, as a Haida matriarch, she was responsible for ensuring other Aboriginal elders were kept warm.
She took a couple of them to Humpty’s to eat, and after that, returned to find the rally almost ending. So, she grabbed the microphone and sang a prayer song.
“I do not perform coffee house material … . It is a sacred song of hope,” she remarked.
Nash then quoted the Bill of Rights that former prime minister John Diefenbaker created and that was given royal assent in August 1960.
“So, I’m invoking that and I’m proud that I stood up for my fellow Canadians,” she added, “and that I went there as a free Canadian and as a sovereign Haida elder and to do my duty.”
