SASKATOON – A mother who was fined $5,600 for participating in two protests in Saskatoon against COVID mandates has lost her appeal of the Public Health Order (PHO) tickets.
Saskatoon Court of King’s Bench Justice David G. Gerecke dismissed Stella Chipesia’s appeal of her summary conviction in provincial court saying her appeal was without merit.
“Ms. Chipesia’s appeal must fail because at no stage in the proceedings below or before this Court did she serve or file any notice that challenged the validity of the PHO, nor any law or regulation,” wrote Justice Gerecke in his March 1 written decision. “No notice having been served, neither Provincial Court nor this Court had jurisdiction to entertain any such challenge.
“Because that was the only ground contained in her notice of appeal, Ms. Chipesia’s appeal must fail.”
Chipesia’s arguments were limited to violations under Section 2 of the Charter and that the province’s actions violated Section 10 of the Children’s Law Act (CLA) as well as An Act respecting First Nations, Inuit and Metis children youth and families (FNIM Act).
Justice Gerecke said nothing in the CLA even remotely suggests that it would apply to or negate valid government actions such as the PHO.
Chipesia, who had represented herself, also said the PHO violated the FNIM Act arguing that as a First Nations woman she has the right to practice her Christian beliefs and freely associate with groups off reserve without fear of being persecuted for her beliefs, cultural traditions, and customs when it comes to healing.
Justice Gerecke disagreed.
He said the FNIM Act deals specifically with the delivery of child and family services to First Nations, Inuit and Metis children.
Chipesia was one of many people – including Maxime Bernier and Mark Friesen – who were charged with violating the Public Health Act in Saskatoon at several rallies. A provincial PHO had restricted outdoor gatherings to no more than 10 people.
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