Former PPC candidate found guilty of violating public health order during COVID-19 lockdown

A Saskatchewan Provincial Court judge has found former PPC candidate Mark Friesen guilty of violating public health orders (PHO).

Friesen was accused of attending a public gathering at Vimy Memorial in Kiwanis Park on December 5, 2020, according to court records.

A police constable attended the event and took a video of the event.

“That recording was played for the Court. There were clearly substantially more than 30 persons in attendance, including the accused,” Judge Agnew wrote in the court decision.

However, Friesen said the COVID-19 lockdown restrictions interfered with his rights, the court document said.

“He argues that the PHO is invalid, and hence unenforceable against him, as it exceeds its authorizing legislation,” Agnew said. “He additionally argues that the provisions under which he has been charged are too vague, and hence violate s. 7 of the Canadian Charter of Rights and Freedoms.”

“Mr. Friesen also argued that no warning was given by police that the people at the gathering might be charged,” the court document noted.

“The police are not required to warn people who are breaking the law that they are doing so and that if they do not stop they may be subject to some form of sanction,” Agnew concluded.

The court document said that no legal defence was established and as such, Friesen was found guilty of violating PHO.

The decision was made on January 17, 2023.