No charter argument to dismiss charges against Maxime Bernier, others who filed legal challenge: Sask. judge

Another Saskatchewan judge has ruled there is no charter argument for several people accused of violating provincial pandemic gathering limits to have their charges dismissed.

Regina provincial court Judge Murray Hinds submitted a Dec. 2 written decision in a case involving more than a dozen applicants who were charged with breaching public health orders brought into place earlier in the COVID-19 pandemic.

The list of applicants included politician Maxime Bernier, the leader of the federal People's Party of Canada, who was among dozens of people ticketed between December 2020 and May 2021, according to Judge Hinds's decision. They're accused of violating orders under the Public Health Act restricting gathering sizes at the time.

At that point, public health orders in the province restricted public gatherings to a maximum of 10 people as a means to limit the spread of COVID-19.

The people accused filed legal challenges, arguing the health orders violated their rights under the Charter of Rights and Freedoms, such as the right to peaceful assembly.

However, Judge Hinds said in his decision he is satisfied those charter applications have "no reasonable prospect of success."

The decision means charges against those accused remain active and before the court.

In addition to Bernier, those who filed the challenges include Mark Friesen, who ran as a candidate for the Buffalo Party of Saskatchewan in September's Saskatoon Meewasin byelection, and Chris Saccoccia, who goes by the name "Chris Sky" and has rallied against health measures during the COVID-19 pandemic, including visits to Saskatchewan in 2021.

Hinds wrote in his decision that the challenges didn't raise new legal issues, and that he was bound by a similar recent ruling from a higher court in Saskatchewan.

In a Sept. 21 written decision, Court of King's Bench Justice Daniel Konkin ruled public health orders brought in to curb the spread of COVID-19 were a reasonable limitation of charter rights.

That challenge was brought forward by Regina's Jasmin Grandel — who was also involved in the legal challenge decided by Hinds — and Darrell Mills of Saskatoon.

Both of them got tickets for breaking those orders at protests.

The September decision said the province's public health measures were "calibrated, reviewed and readjusted on a regular basis and were informed by statistical data."

Justice Konkin also found that people gathering outside to protest were not following best practices regarding COVID-19 safety.

"The applicants at outdoor protests did not adhere to the COVID-19 protocols such as physical distancing, testing for COVID-19 before and after attendance, registering participants," the judgment reads.

"As well, they engaged in activities that increased the risk of transmission such as shouting or chanting, prolonged periods of contact, hugging, carpooling, travelling from different communities, and handing items back and forth."