A judge in New Brunswick is asking whether the restrictions imposed by the provincial government during the pandemic and on which the allegations against people who showed up in Moncton last year are based are excessive.
Justice Luc Labonté said he believes the law could be overroaded. He is talking about the mandatory order in effect under the Emergency Act. The judge added that it may be contrary to the Charter of Rights and Freedoms because it covers, in his view, conduct that should not be punished.
Justice Labonté made the comments Tuesday morning as the trial continues with David Robert Westng river viewat the Moncton Courthouse.
David West was accused of violating the mandatory order by participating in a gathering of more than five people without wearing a mask and without respect for the distance of 2 meters between participants, on January 24, 2021.
He was one of five people arrested and charged this time. His trial began on April 13 with the presentation of Crown evidence.
David WestSi, who was defending himself in court with the help of several other defendants, read a statement seeking a direct verdict. This motion is used when the defense believes the Crown has failed to prove the fundamental elements of guilt.
According to David Westthere is no evidence that the protesters did not do their best to respect physical distance, or that the people were from or not from the same household, or that they were too close to each other briefly or not.
The mandatory order includes an exemption for short contact within two meters.
David West the word has been added gathering is vague. According to him, the mandatory order did not stop the demonstrations. He maintains that it is against the law.
Judge’s questions
Judge Labonté then asked the Crown prosecutor, Logan Landry. In particular, he used a fictional scenario, a family of six members gathered outside without wearing a mask, and he asked if that would violate the order. Mr. Landry replied that if such family were not on private land, there might have been a violation of the order.
After further questioning, the judge said he believed the order may have violated the Charter. He added that it was up to the accused to prove it and he invited the Crown to prepare its arguments on this subject.
The judge will give his decision on the issue of the imposed judgment on June 29. If he makes a decision in favor of David West, the latter will be acquitted. Otherwise, he can always challenge the constitutionality of the order.
Other similar reasons
Two other people faced with similar cases have already pleaded guilty. The trial of two other defendants, Nicholas DeAngelis and Britney Greencontinued.
Exit the courthouse, David West he said he believed he would win his case.
He also faces another trial for a case of not wearing a mask at a supermarket in Moncton on December 31, 2020. This trial is set to resume on June 14.
According to the report of Shane Mageng CBC
Source: Radio-Canada
