Anti-masker loses bid to have pandemic ticket turfed

Anti-masker crusader Todd Dube has been ordered to pay a $1,300 fine after a judicial justice of the peace Wednesday rejected his claim he was “arbitrarily” ticketed for attending a pandemic protest rally at The Forks in June 2021.

Court was told Dube was among an estimated 150 people at a June 21 rally that was to feature People’s Party of Canada leader Maxime Bernier and several other speakers at a time when public health orders prohibited outdoor gatherings of five people or more.

“At the end of the day, it doesn’t matter what kind of event it was or who was attending, or why,” said Justice of the Peace Weldon Klassen. “There were certain rules in place that had to be followed under the Public Health Act.”

MIKE DEAL / FREE PRESS FILES Todd Dube, who described himself as a founding member of the People’s Party of Canada, alleged only people who appeared to be party supporters were targeted for tickets.

MIKE DEAL / FREE PRESS FILES

Todd Dube, who described himself as a founding member of the People’s Party of Canada, alleged only people who appeared to be party supporters were targeted for tickets.

Court heard from two investigators with the public safety investigation unit. They testified they watched the afternoon gathering from a nearby parking lot and took photos of attendees, including Dube, whom they recognized from previous dealings, and his involvement with traffic safety group Wise Up Winnipeg.

“He’s a bit of a media star… he was known to us,” said investigator Anthony Ford.

Attendees, including Dube, mingled closely together, Ford said, and only a handful wore masks. Dube and 11 other attendees were served with tickets at a later date.

Investigator Rajan Santiago said he and Ford served Dube his ticket at his St. Adolphe home on Aug. 26.

“He didn’t want to take the ticket. He was filming us,” Santiago said.

Bernier, who testifed at the hearing in support of Dube, did not make it to the rally at The Forks, as he had spent the previous day in jail after he was charged with violating gathering restrictions at a St. Pierre Jolys rally, part of his “Mad Max” tour heading into the federal election. Bernier was released on bail with a requirement that he leave the province.

“I was not welcome and (then-premier Brian Pallister) did a news conference and said if Bernier comes to this province, we will empty his pockets,” Bernier said. “For me, that was political repression.”

Bernier said he attended large rallies during the same time frame in Quebec and B.C., which had similar gathering restrictions, and was not ticketed or jailed.

“Only in this province that happened,” he said.

Dube said he attended the rally at The Forks specifically to see Bernier and left when he learned he would not be speaking. Dube, who described himself as a founding member of the People’s Party of Canada, alleged only people who appeared to be party supporters were targeted for tickets.

Dube said he didn’t pay attention to specific gathering restriction numbers at the time as they had constantly been changing.

Dube argued ticket enforcement at the rally amounted to “political persecution” and stood in stark contrast to a Black Lives Matter rally he attended at the Manitoba legislature in the summer of 2020 that attracted thousands of attendees, but no visible enforcement of gathering restrictions.

“There was no enforcement there,” he said. “The only police there were there to manage the crowd. This enforcement only seems to come out when it is political in nature.”

Outside court, Dube said he wasn’t surprised by the court decision and didn’t rule out an appeal.

“I expected, based on experience, that we were going to lose,” Dube said. “This exercise was about pointing out all the gross contradictions of the arbitrary enforcement of the mandate… None of the issues we raised were addressed in any way.”

dean.pritchard@freepress.mb.ca

Dean Pritchard

Dean Pritchard
Courts reporter

Dean Pritchard is courts reporter for the Free Press. He has covered the justice system since 1999, working for the Brandon Sun and Winnipeg Sun before joining the Free Press in 2019. Read more about Dean.

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