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Pedersen’s PHA case over to March 30

Another pre-trial conference slated for March 25
WES Pedersen fined IMG_9371
Benita Pedersen will be back in Westlock Provincial Court March 30. The Westlock DJ and self-described “freedom fighter” faces 10 Public Health Act tickets for organizing anti-COVID-19 measures rallies across northern Alberta throughout 2021.

WESTLOCK – Westlock DJ and self-described “freedom fighter” Benita Pedersen will be back in court at the end of the month after another pre-trial conference to deal with the 10 Public Health Act tickets she faces for organizing anti-COVID-19 measures rallies across northern Alberta throughout 2021.

In Westlock Provincial Court March 2, Judge Bruce Garriock granted the adjournment to March 30 as Pedersen, specialized prosecutions office prosecutor Craig Kallal and Judge Charles Donald Gardner are slated to meet for a third pre-trial conference March 25.

Pedersen, who’s not represented by a lawyer and has yet to enter a plea, faces 10 PHA 73(1) tickets for contravening an order of the Medical Officer of Health, specifically in relation to mass gatherings. Each ticket carries a specified fine of $1,000, plus a 20 per cent victim fine surcharge. This was her 12th court appearance since her first ticket appeared on the docket early in 2021.

“We had a case management conference earlier this week and Judge Gardner directed a further case management conference for March 25 and he directed the docket matter to go over to March 30 in Westlock,” Kallal stated.

Pedersen, who told Judge Garriock one of the reasons she protested the COVID-19 restrictions is that they “inhibited my ability to make a living for the last two years” and that her income has been “adversely affected” and can’t afford a lawyer, claimed the Crown was placing “some pressure on me and attempting to discourage me from making a constitutional argument if I am self-represented.”

“The Crown prosecutor is obligated to help me to a certain extent and has so far failed to do so,” said Pedersen, who appeared in court via telephone.

She then began citing case law, before the judge cut her off saying “we’re not getting into that” as it was a docket appearance and advised her to bring up those concerns at the pre-trial conference. Kallal denied placing any pressure on Pedersen, stating they’ve encouraged her to submit a constitutional argument.

“Just to be clear, both Judge Gardner and I are actually encouraging Ms. Pedersen to bring a constitutional notice and to also make some O’Connor applications and not trying to discourage her from doing so,” said Kallal.

During her Feb. 2 court appearance, Kallal said Pedersen’s request for further disclosure from the RCMP was still in the works, although his office was in the process of preparing what they already have. He also noted he had given a letter to Pedersen in response to her request for clarification on what charges she faces and what public health orders were breached — Pedersen has previously told court she’s “seeking the results of the investigation of Dr. Deena Hinshaw confirming that COVID-19 is present and constitutes a public health emergency.”

At her Jan. 5 court appearance, Pedersen said she had requested “full disclosure from the Crown per R v Stinchcombe. I have detailed to the Crown a number of items that must at minimum be disclosed for me to make a defence. To date I have received nothing except a package of videos of meetings where I was present.”

R v Stinchcombe is a landmark Supreme Court of Canada decision from 1991 that relates to the disclosure of evidence. The unanimous decision found the Crown has a duty to provide the defence with all evidence that could possibly be relevant to the case, whether it is to be presented as evidence or not and regardless of whether it helps or hurts the Crown's case.

Case background

While her tickets are for anti-COVID-19 measures rallies in Westlock Feb. 11 and Feb. 25, plus a series of others in Athabasca, Barrhead, Bonnyville and Lac La Biche, Pedersen came to note hosting “freedom rallies” and “church in the park” events throughout 2021 and was seen on TV and social media heckling healthcare workers during a fall rally at an Edmonton-area hospital.

Pedersen was also in Ottawa during the February ‘freedom convoy’ protests, interviewing Peace River-Westlock MP Arnold Viersen and Renfrew-Nipissing-Pembroke MP Cheryl Gallant via livestream on her Facebook page. More recently, Pedersen hosted a convoy-rally-march Feb. 24 in Athabasca that drew about 25 supporters.

“I have a message to all the authorities right now, I am not afraid of you, I am not scared. I will take another ticket. If you want to put me in jail, go ahead. I’d rather not go to jail, but I’m in a sense prepared to if that’s what this is going to come to,” Pedersen said during an April 8, 2021, webcast. “I’m fighting for all Canadians and I want a complete restoration of the freedoms and rights of all Canadians, that’s my goal. And I’m in this for the next year, the next decade, the next two decades if that’s what it takes. And if that costs me my time, my energy, my money, my freedom, my life, so be it.”

At her October court appearance, Pedersen stated her motivation for the past rallies was “love” while previously posting on social media she has “zero intention of paying any of these (fines)” and contends that she hasn’t broken any laws.

George Blais, TownandCountryToday.com

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