Unvaxxed offender to isolate before sentencing
Judge says he will rescind quarantine order if man gets jab
An unvaccinated convicted wifebeater must remain under a 14-day quarantine before he appears in court for sentencing next month, unless he decides instead to get his COVID-19 jabs.
Ontario Court Justice Paul Burstein, who sits in Oshawa court, made the order last fall as a condition of releasing the accused man on bail after he pleaded guilty to assault causing bodily harm on his wife. Burstein released his reasons for doing that Monday but they only contained the man’s surname — Bains.
“Allowing an unvaccinated offender to recklessly increase his risk of harm to others,” while on bail pending sentence, “could bring the administration of justice into disrepute,” Burstein wrote.
At a remote hearing last year, Bains, a 44-year-old first offender, indicated he had chosen not to receive a COVID-19 vaccine.
The judge wrote he was not purporting to decide that a court can “exercise some general power” to order all unvaccinated people to get their jab. “Rather, I have determined that in the circumstances of this particular case the imposition of that term was both necessary and appropriate.”
In this instance, Burstein deemed the condition “constitutionally justifiable” since he has both jurisdiction and the duty to maintain a safe and secure courtroom.
“Mr. Bains is not just any unvaccinated citizen. He has been found guilty of a serious crime of violence and is now on bail,” the judgment says. “There is a real risk that Mr. Bains may end up being transported directly to jail from that in-person hearing where he will then be exposed to hundreds of other inmates and jail staff.”
If Bains elects to get the requisite doses of a government-approved COVID-19 vaccine in advance of that quarantine period, the judge would rescind the bail condition before it takes effect.
Bains’s lawyer could not immediately be reached for comment. Bains’ sentencing hearing is scheduled for Feb. 9 in Oshawa. He will also be required to produce three negative COVID-19 tests taken at least three days apart.
Last September, Bains pleaded guilty to assaulting his wife and causing her bodily harm and both the Crown and defence asked for an adjournment of the sentencing hearing for a few months.
The Crown is seeking a jail sentence and if the judge accepts that submission Bains will need to appear in person so he can step into custody.
“Should I determine that the appropriate sentence in Mr. Bains’ case involves a period of imprisonment, his unvaccinated status in the jail to which he is sent will also create an undue risk of infection for the many persons with whom he will come into contact there,” Burstein wrote.
And even if he doesn’t send Bains to jail, “his presence in the courtroom as an unvaccinated person will create an undue risk to all of the other justice system participants,” the judge stated.
The government has not yet imposed a requirement for people entering courthouses to disclose whether they have received a COVID-19 vaccine. However, suppliers and contractors who enter courthouses — or any other government facility — in Ontario must be fully vaccinated or else provide a negative result from a government-approved antigen tests taken no more than 48 hours prior to entry.
No citizen is allowed to serve as a juror in Ontario unless they confirm they are vaccinated.