SASKATOON – Buffalo Party candidate Mark Friesen, along with People’s Party Leader Maxime Bernier and dozens of others, have been found guilty of violating a Saskatchewan public health order.
They were ticketed for attending Vimy Memorial gatherings against public health mandates in Saskatoon in May 2021. Restrictions under Saskatchewan’s public health order at the time included limits of 10 on gathering sizes and mandatory use of face masks. Saskatoon police officers had attended, recorded the participants, and ticketed them.
Saskatoon Provincial Court Judge Quentin Douglas Agnew rejected the defendant’s argument that they were targeted while the counter-protesters at the Free Palestine rally were left alone.
Judge Agnew, in his Dec. 14 written decision, said that the defendants had suggested that a deliberate decision had been made by police to target them and not the counter-protesters at the Free Palestine rally, because of the views that various defendants supported.
“There is no evidence as to whether or not tickets were issued to anyone at the Free Palestine rally,” said Judge Agnew. “The most that could be said was that more police resources were devoted to the Vimy Memorial rally on May 16 than to the Free Palestine rally occurring at the same time. Again, no evidence was provided as to the reasons for that decision: there was merely speculation from a witness who was not involved in that decision.”
The police have a certain degree of discretion in deciding what matters to investigate and whether to lay charges, which has long been understood, said Judge Agnew.
How police identified protesters
Police identified some of the protesters by comparing their photos in the SGI AutoFund databank with video taken at the rally, said Judge Agnew. SGI also provided date of birth and last known mailing address, among other information.
The rest of the defendants were identified by a variety of means, including personal knowledge of the person’s identity and the person providing identification. Some defendants were identified by police at the rally when they interacted with police and identified themselves. Some defendants voluntarily contacted the police after police released their photos to the public.
Those charged
There were originally 46 ticketed people that were part of this prosecution.
The Crown had severed its action against Stella Chipesia. She previously told SASKTODAY.ca that she equated forced vaccination and face masks to forcing Indigenous children to attend residential schools.
The Crown also stayed prosecution against Rachel Cole.
The evidence against the 44 remaining defendants was heard over eight days in September 2022 and seven days in June 2023 in Saskatoon Provincial Court.
The Crown said the evidence against the identity of Wayne Peters was insufficient and he was found not guilty. Judge Agnew also found Phyllis Bourassa, James Bubnick, Daryl Cooper, Keesyn Larocque, Emily Schmidt, Tanner Schmidt and Stephanie Wintringham not guilty.
Those he found guilty include: Mark Friesen, Maxime Bernier, Peter Christoph Boettcher, Bartel Boot, Jacob Boot, Jaxson Boot, Jenny Boot, Phyllis V. Bourassa, Rachael Cole, Breton Harley Cook, Wallace Cottingham, Cheryl Drebit, Gerald Ferguson, Mark L. Friesen, Pierre Marc Robert Groulx, Frederick John Harrison, Joyce Harrison, Mikela June Herbel, Deborah Rose Hretsina, Sarah Huizing, Cory Klassen, Dominika Kosowska, Cody Kuntz, Arley Laroque, Halden Lindjberg, Megan Machiskinic, Darrell T. Mills, Alexandre Nascimento, Terrance Nash, Luiz Augusto B. Penteado, Breanna Peskleway, Wayne Steven Peters, Amanda Philipenko, Joyce Ina Pierce, Adrian B. Scarrow, Michael Styan, Luke Tournier, Michele Tournier, Pamela J. Waldner, and Richard Brent Wintringham.
Tickets for violating Saskatchewan public health orders are a maximum of $7,500 for each person.
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