Mark "Grizzly Patriot" Friesen is not happy about being found guilty of violating public health orders (PHO) by attending an outdoor protest with more than 10 people.. GavelGavel .According to the court records, the public gathering occurred at Saskatoon's Vimy Memorial in Kiwanis Park on Dec. 5, 2020..Friesen is appealing the decision as the judge did not require the government to present evidence or justify its actions.."We are appealing the Court of Queens bench ruling that the government does not have to present evidence to justify their mandates and restrictions, as per section one of the charter.," said Friesen. ."We are also appealing each conviction.".Friesen said the government did not provide evidence that justified limiting his rights guaranteed in the Charter of Rights and Freedoms.."Not one government in this country has demonstrably justified limiting our rights and freedoms under the charter, as per section one," said Friesen.."There is no evidence for the government to limit our right to gather, outside, in groups greater than 30 or 10. The evidence does not exist.".Friesen blamed the judge for justifying the government's violating the Charter.."Yet there was a judge in Saskatchewan who ruled the government didn't have to justify that under an emergency," said Friesen.."Well, yes they do. Sec. 1 is abundantly clear. And not one government has done that.".Saskatchewan Provincial Court Judge Agnew found Friesen guilty of violating PHOs after viewing a video by a police officer.."That recording was played for the court. There were clearly substantially more than 30 persons in attendance, including the accused," wrote Agnew in the court decision..Friesen argued the COVID-19 lockdown restrictions violated his rights, but "the application was dismissed by Judge Agnew because he was bound by a recent decision of the Court of King’s Bench which concluded that the gathering restrictions were constitutional. The Court of King’s Bench decision is currently under appeal."."He (Friesen) argues the Public Health Order is invalid, and hence unenforceable against him, as it exceeds its authorizing legislation," said Agnew.."He additionally argues the provisions under which he has been charged are too vague, and hence violate Sec. 7 of the Canadian Charter of Rights and Freedoms.".Friesen said police did not provide any warning before getting charged. However, police are not required to give a warning, according to Agnew.."Mr. Friesen also argued that no warning was given by police the people at the gathering might be charged," wrote Agnew.."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.".The Justice Centre for Constitutional Freedoms lawyer Elaine Anderson represented Friesen..Friesen has been a candidate for both the People's Party of Canada and the Buffalo Party of Saskatchewan.
