Man accused with health order violation convicted after failing to show for hearing
By Delon Shurtz - Lethbridge Herald on May 7, 2022.
LETHBRIDGE HERALDdshurtz@lethbridgeherald.com A Lethbridge businessman who was found guilty last year of failing to comply with an order of a medical officer of health, has been hit with a hefty fine.Michael James Hoffman was scheduled to attend a hearing in Lethbridge provincial court Thursday, but when he failed to show up, he was convicted and fined $1,200.
Judge Erin Olsen found Mike Hoffman guilty in November of contravening a public health order that prohibited public gatherings, and said he failed to prove an event outside of City Hall the previous January contravened the Health Act, or that police had improperly singled him out to receive a ticket. She also said during her decision on Nov. 16 she was satisfied Hoffman not only attended the rally, but helped organize it.
During trial, the Crown presented a video recording of the event taken by police, which clearly shows Hoffman speaking to a crowd of about 45 people on Jan. 12, and on behalf of the organization responsible for the rally. Hoffman is seen in the video speaking to the crowd, mingling with people, talking to them and shaking hands, and all during a social gathering in a public place, which contravened the health order.
Olsen didn’t convict Hoffman following her decision, but adjourned it pending a Constitutional challenge Hoffman had filed. Hoffman believes the prohibition under the Health Act goes against his Charter rights as a Sovereign Canadian.
Edmonton lawyer David Kamal of the department of justice and the solicitor general, confirmed he had received from Hoffman a copy of a document relating to his Constitutional challenge. However, Kamal pointed out the document doesn’t make sense, and he’s unclear on Hoffman’s argument. Hoffman was told to submit a new and better articulated document to support his argument.
Hoffman had also told Judge Olsen following her decision in November that he would appeal her guilty verdict. But he never attended a hearing last April in Lethbridge Court of Queen’s Bench, to speak to his appeal.
Crown Prosecutor Bruce Ainscough said Thursday Hoffman was initially on the list to appear in court on April 11, but on that day his name was no longer on the list, and since he also didn’t appear, there was no action taken on the appeal.
After he failed to attend court Thursday, as well, he was convicted and fined in his absence.
Following the rally in January 2021, Hoffman was also ticketed by the city for holding a public event without a permit. He failed to show up for his bylaw trial on that matter, was convicted in absence, and fined $300. Follow @DShurtzHerald on Twitter 4
-3
