Sask. man found guilty of trespassing after refusing to wear a mask in grocery store

Two Longo's employees in Vaughan, Ont. have tested positive for the novel coronavirus. (File photo)

A Saskatchewan judge has ruled that a man who failed to wear a mask while shopping at a Foam Lake Co-op store is guilty of trespassing.

Richard Keough was charged with violating public health orders when he did not wear a face mask while shopping at the Foam Lake Co-op food store on several occasions between Dec. 2020 and March 2021, according to court documents. He was also charged with trespassing at the store.

The store manager, Michael Casey, said he confronted Keough each time and asked him to put on a mask or leave the store. However, there was one incident where Keough was standing in line to purchase items and despite being asked to leave and the police were on their way, he did not leave the store.

On one of the occasions, store manager, Casey said he approached Keough and “advised Mr. Keough that he was not allowed in the grocery store and could not purchase any grocery items,” the court documents said.

Keough responded saying it was against his constitutional rights to be denied service. He was informed that the police had been called and were on their way. However, Keough left before they arrived.

As part of the evidence against Keough, videos were presented to the court that show him entering the store and interacting with Casey.

Keough responded to the charges by claiming the public health orders infringed his rights under the Canadian Charter, specifically the clause about freedom of expression.

On Dec. 10, 2020, police issued a warning to Keough about his non-compliance with public health orders, according to court documents.

Two officers confronted Keough on March 9. 2021 at the Co-op store.

“Corporal Jesperson testified he advised Mr. Keough that he was ‘trespassed’ from the store and had to leave. Mr. Keough was physically cooperative but argumentative when leaving the store and Corporal Jesperson testified that as they exited the store, he pointed out the signage to Mr. Keough that stated masks were required to enter the store.”

During his testimony, Keough acknowledged there were signs at the entrance of the store that said customers needed to wear masks. But, court documents note that he “testified there were no signs in respect to trespassing or indicating a consequence for not wearing a mask.”

Judge Michelle Marquette noted in her decision that “the Crown has proven the offence of trespassing pursuant to The Trespass to Property Act beyond a reasonable doubt, I find Mr. Keough guilty on Ticket Nos. 6845953 and 90195270.”