Manitoba pastor Tobias Tissen, 4 others convicted for breaking COVID-19 gathering restrictions

Five Manitobans have been convicted of repeatedly violating COVID-19 public health orders.

Tobias Tissena pastor at theChurch of God Restoration near Sarto, Man., in the rural municipalityof Hanover andPatrick Allard, an opponent of COVID-19 restrictions who ran in a byelection for the provincial Fort Whyte seat earlier this year, were among the five people who admitted tobreaking limits on outdoor public gatherings in 2020 and 2021.

"I can't put into words how disappointed and insecure I feel in Canada," Tissen said.

On Wednesday, provincial court Judge Victoria Cornick convicted Tissen and Allard along withTodd McDougall, Sharon Vickner and Gerald Bohemierbased on a statement of facts agreed to by their lawyers.

Surrounded by a full courtroom of supporters, plus a few in the hallway,the five people received the judge's ruling.

Crown attorney Shaun Sassis seeking fines of between $18,000 and $42,000 for each of the five, depending on the number offences they committed, plus court costs and surcharges.

Sass said the fine has to be high enough so that is not simply a"licensing fee for breaking the law," but instead servesas a deterrent.

The Crown says the five not only repeatedly broke health orders, but organized events at which they encouraged others to do so as well.

Defence lawyer Alex Steigerwald, who represents four of the five, said the Crown's proposed fines would be unduly harsh and crushing.

He asked the judge to impose a reprimand, which would not involve any fines. If fines are to come, he said, they should not be high.

"They weren't breaking windows. They weren't rioting in the streets," Steigerwald told court. "My clients stood up and protested for something they believed in."

He asked his clientsbe given seven years to pay back any fines incurred.

Cornick reserved her decision untilThursday morning.

Previous court challenge

Allard and McDougall have said they plan to appeal to a higher court, wherethey hope to challenge the public health orders under the Charter of Rights and Freedoms.

Tissen told the court he felt he was "muzzled" and couldn't talk about the constitutional rights he and people of like mind feel are being denied them.

In 2021, Tissen,along with seven rural churches, launched alegal challenge against the province's COVID-19 public health orders, arguing they violated thecharterfreedoms of conscience, religion, expression and peaceful assembly.In October, the court ruled the restrictions did not violate those rights.

Allard's defence lawyerKyle Morgan is also asking for the judge to impose a reprimand rather than fines, and for his client to be given as long as 10 years to pay back any fines, since the Crown recommended he be fined more than $42,000.

Allard has received 14 ticketsfor breaking public health orders, more than the other four. He also broke the conditions of his release from police custody, unlike the other four.

He told the court he didn't think he was breaking the conditions of his bail because police were facilitating thetwo rallies where he was ticketed.

"The extent of my criminality was greeting people with handshakes and hugs," he told the court.

5 Manitobans convicted of repeatedly violating COVID-19 public health orders

2 years ago

Duration 1:00

Five Manitobans have admitted to repeatedly breaking COVID-19 public health orders. Tobias Tissen and Patrick Allard are among those in court today for a sentencing hearing in Winnipeg.