Lockdown protester narrowly avoids jail
‘A very strong albeit erroneous view about COVID,’ judge tells accused
A man who played a major role in a lockdown protest in Niagara in defiance of government measures to curb the spread of COVID-19 narrowly escaped a jail sentence Tuesday.
Cullen McDonald, 37, appeared in Ontario Court of Justice in St. Catharines and was fined $3,000 on a charge of committing a common nuisance.
Under the Criminal Code, a common nuisance is defined as any activity or act that is likely to endanger the lives, safety and health of the public.
Judge Joseph De Filippis said the defendant’s actions on May 1, 2022, warranted a jail term as “open defiance of the law and civil disobedience” cannot be tolerated.
“The serious of the offence here can scarcely be ignored,” he said.
“This was an unsanctioned gathering during an unprecedented public health emergency that put other people at risk.”
At issue, however, was the sentence meted out to Niagara Falls resident Sandor Ligetfalvy, who was also arrested in connection with the protest in downtown St. Catharines.
Ligetfalvy pleaded guilty in 2022 to failing to comply with a condition of a court order and for violating the Reopening Ontario Act and received an absolute discharge and a $2,000 fine.
De Filippis said he had no choice but to consider parity when considering an appropriate sentence.
“If it not for the sentence imposed on a co-accused, Mr. McDonald might well be going to jail today because the public needs to know that such brazen defiance of the law will be taken seriously by the courts,” he said.
In addition to a custodial sentence, the Crown had sought a probation order.
The judge said probation was not required because “the kind of counselling I think would be helpful doesn’t exist.”
“I have a man before me who has a very strong albeit erroneous view about COVID.”
The judge said the offender, and others, chose to “shut their eyes to reality” during the pandemic.
“I don’t doubt Mr. McDonald’s sincerity … but it is blind,” De Filippis said.
“It ignored reality, it prioritized his personal concept of freedom above the common good and it put others at risk.”
McDonald, a former resident of Lincoln who now lives in Mexico, asked the judge for “understanding and mercy.”
“The past three years have been an unimaginable struggle for me,” he said, his voice cracking with emotion.
“The weight of these charges and the legal battle that has ensued has taken a severe toll on my mental health.”
He said his arrest and subsequent legal proceedings have “turned my life upside down” and told the judge he has already paid a steep price for his actions.
“To add insult to injury, my name and my reputation has been permanently tarnished as my name is now only one Google search away from dozens and dozens of inflammatory news articles.”
“I have no prior criminal record and I have always strived to live a life of integrity.”
In spring 2021, the Ontario government responded to a surge in COVID-19 infections by declaring a state of emergency and ordering residents to stay at home.
But hundreds of unmasked people defied the stay-at-home order at an April 17, 2021, rally in Niagara Falls.
McDonald addressed the crowd at the protest, along with controversial People’s Party of Canada Leader Maxime Bernier.
On May 1, McDonald addressed a crowd of about 150 people at the protest in St. Catharines.
“Almost all of 13 million people in Ontario chose to accept the unprecedented action of the Government of Ontario to lock us down,” De Filippis said.
“And, this offender, asserting his personal freedom chose not to and in doing so endangered the safety of others.”
Dr. Matthew Muller, an infectious diseases physician from Toronto, testified at trial the province was experiencing a significant wave of infections at the time of the two Niagara gatherings.
He testified both Niagara protests had the potential to create a risk of infections, but added the risk would have been lower compared to a gathering held indoors.
McDonald, who represented himself at trial, testified he was a participant, not an organizer, and was exercising his right to participate in a peaceful assembly protected by the Canadian Bill of Rights.
“I have held firm in my belief that my right to peaceful assembly was and is protected by the Canadian Bill of Rights, unless explicitly removed by a federal Act of Parliament,” he said Tuesday.
“I believed that on May 1 and I believe that to be true today.”
While his criminal matter is completed, McDonald’s dealings with the justice system are far from over.
The Crown recently appealed his acquittal on a similar charge in relation to the Niagara Falls protest.
In addition, McDonald has appealed De Filippis’s verdict.
Both appeals remain before the courts.