Man fined $1,000 for not masking during pandemic

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A Riverview man was convicted and fined $1,000 on Tuesday, for failing to mask in a public place during the first year of the pandemic.

David Robert West, 57, was charged years ago with violating the province’s Emergency Measures Act by failing to cover his face in violation of the emergency order from the province. The offence happened Dec. 31, 2020 in Moncton

The trial began in May 2022 in Moncton provincial court and continued for a day in June of that year and had been adjourned many times after that at the request of the defence. 

The trial was supposed to continue on Monday and Tuesday of this week, with the defence calling evidence. Prosecutor Logan Landry had closed his case in 2022. But West didn’t show up for the trial on Monday and wasn’t even in the province.

According to the endorsements of trial Judge Ronald LeBlanc in the court file, West wasn’t in court Monday but appeared by phone. The judge wrote in the file: “Mr. West was ‘working’ in Ontario because he is broke. Then says he’s not working, he’s ‘working on himself.'”

The judge told West he had to be in court Tuesday for his trial, but the accused did not appear. LeBlanc informed the prosecutor West had requested to appear in court by phone on Tuesday, but the judge denied that request.

The judge recorded West absent and on a motion from the Crown, the trial proceeded in West’s absence. LeBlanc convicted West and Landry said the fine for this offence can range from $240 to $10,200. He recommended $1,000 and the judge imposed that fine, giving West six months to pay, with an order for “seizure and sale” of property if he defaults.

Tammy Feere, who worked at the Main Street Atlantic Superstore on Dec. 31, 2020, testified in June 2022 that she was working at the store’s entrance, because at that time in the pandemic they could only have 100 customers in the store at a time. She said a group of three to five people walked in without face coverings and when she told them they had to wear masks, they swore at her and entered the store.

Feere said she went to the customer service desk and called the store manager, James Walker, and asked him to deal with the group. Walker called police and also went to speak to the unmasked customers.

Walker testified he asked them to wear masks for the short time they would be in the store because there were so many people present.

“I was politely told I was a sheep, and they hoped I was happy working for ‘the Man,’” said the manager.

On May 18, 2022, the court saw video surveillance from the store that showed a group walking around, shopping without masks on. On the video, they are eventually confronted by police in the produce department and while some leave, three people were arrested in a scuffle.

West is also charged with obstructing police, causing mischief and causing a disturbance for the same incident but told the judge he wants a separate trial on those Criminal Code charges. That trial is scheduled for April.

In his trial for the charge of failing to mask, West made arguments for a directed verdict in September 2022, meaning the defence wanted the judge to rule the Crown didn’t present evidence on all the essential elements of the offence, so the judge should immediately acquit the accused. LeBlanc ruled against the defence.

New trial dates came and went multiple times, with the defence seeking more time to subpoena witnesses and for other reasons. In 2023, West sought to subpoena the province’s then-chief medical officer Jennifer Russell, Health Minister Dorothy Shephard and Justice Minister Hugh Flemming but the court wouldn’t allow it.

Nicholas DeAngelis, 36, and Britney Lee Green, 33 – who now goes by Harmony – were supposed to stand trial for failing to mask during the same supermarket incident, along with mischief, causing a disturbance and obstructing and resisting police but the Crown withdrew all charges against them last October, saying it didn’t believe there was a reasonable prospect of conviction in their case.