Judge acquits Bathurst couple, says pandemic rules allowed protests
CBC
A provincial court judge has acquitted a Bathurst couple on charges they violated New Brunswick's pandemic restrictions during a protest against those measures in Moncton in 2021, saying protests were not prohibited.
Judge Brigitte Volpé issued her ruling in the case involving Britney Green and Nicholas DeAngelis on Wednesday. Both were accused of taking part in a gathering of five or more people without wearing masks and not being physically distanced from others on Jan. 24, 2021 outside Moncton city hall.
Green and DeAngelis sought a directed verdict, a motion made after the Crown closes its case if the defence believes the prosecution has failed to prove the essential elements of the charge.
In this case, they argued a protest did not amount to a gathering under the province's rules in place at the time.
Volpé, who also cited numerous examples of conflicting testimony from RCMP officers, agreed.
"A gathering was clearly defined and did not capture the act of publicly assembling to protest," Volpé said in a decision read in court Wednesday morning.
The judge said people in the province retained the right to protest, leading to a supporter in the public gallery clapping.
The judge said given the Crown had therefore failed to prove one of the essential elements of the charge, the charges would be dismissed.
Volpé's decision highlighted a series of inconsistencies in testimony from seven officers earlier in the trial.
The judge said officers testified the crowd that day was between five and 20 people, one said larger than five, another said around 30 people, while another said 30 to 50 with about 20 officers. Yet another said around 10 people.
Officers testified some people were wearing masks, while another officer testified the majority were wearing masks and only those arrested weren't, while yet another said no one was wearing a mask.
Officers generally agreed that people were there to protest, the judge said.
The mandatory order that imposed restrictions at the time barred indoor or outdoor gatherings. It defined those as implying common intent or purpose associated with socializing, celebration, ceremony or entertainment.
Crown prosecutor Logan Landry had suggested a protest was implied in the definition.
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