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St. Catharines gathering leads to charges under Reopening Ontario Act

Police say further charges are pending
2021-04-05 Niagara Regional Police cruiser
Niagara Regional Police Service file photo
NEWS RELEASE
NIAGARA REGIONAL POLICE SERVICE
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The Niagara Regional Police Service continues to provide public safety services to the communities that we serve and supports the efforts of federal, provincial and local health authorities during the current situation involving COVID-19. We appreciate the public’s support of these measures.

The NRPS recognizes the Charter protected right of any group to assemble peacefully in order to draw public attention to a specific cause or shared point of view so long as such a gathering does not breach any applicable statutes or municipal by-laws. The NRPS would remind people that we have enhanced our enforcement to prevent the further spread of the COVID-19 virus and to protect the public during the pandemic. This is a public safety issue and officers will use their discretion at the time, while taking into account the safety of those involved and the wider public.

On Saturday, April 10, 2021, a gathering was organized and held in the City of St. Catharines in response to recently implemented government restrictions to slow the spread of COVID-19. 1 District (St. Catharines/Thorold) uniform officers were in attendance to ensure public safety and keep the peace. Since that time detectives have been continuing to investigate the gathering to determine appropriate charges.

In the duration of a gathering, officers use discretion to best manage the situation to not cause it to escalate and to preserve the peace. The leading principle is keeping the peace and public safety and in doing so, at times, must utilize discretion when it comes to immediate enforcement.

As per the Reopening Ontario (A Flexible Response to COVID-19) Act, hosting or organizing a public event or other gather where the number of people in attendance exceeds the number permitted may lead to higher penalties.

The investigation by detectives focused on such individuals, resulting in the following charges against a 50-year-old West Lincoln male and a 47-year-old St. Catharines male under the ROA:

  1. Part III summons fail to comply with a continued 7.0.2 order contrary to the Ontario Re-Opening Act 2020, section 10(1) 82/20 Ontario Regulation, schedule 4 section 1(c)
  2. Part III summons for fail to comply with an order made during a declared emergency section 7.0.11(1) of the Emergency Management and Civil Protections Act

Further charges are pending, in addition to those issued by Niagara Regional bylaw to attendees of the event.

As the individuals have been charged under the ROA, which is provincial legislation and not the Criminal Code of Canada, the Niagara Regional Police Service will not be disclosing their names.

Police continue to work in collaboration with Niagara Region Public Health as well as municipal and regional bylaw in relation to enforcement of the COVID-19 provincial and federal Orders. Since the onset of the pandemic, communities have seen protests and demonstrations around the world where there have been breaches of pandemic Orders. Our approach to these demonstrations will be consistent with the past practices where peaceful demonstration, de-escalation and overall community safety is the highest goal.

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