Calgary 'Walk for Freedom' organizer acquitted on charges of violating public health orders

A Calgary judge has acquitted a protest organizer on charges of breaking the province's public health rules brought in to slow the spread of the COVID-19 pandemic.

Brad Carrigan had been charged under the Public Health Act for attending a private social gathering on Dec. 20, 2020 outside Calgary City Hall with about 250 attendees. 

Carrigan tells CTV News he organized about 50 "Walk for Freedom" protests against mask rules, mandates and restrictions — and says the Constitutional right to protest was not included in gathering restrictions put in place by public health officials during the time of the offence. 

"It was a vindication in a way," said Carrigan.

Judge M.C. Dinkel made the oral decision on Monday during a trial period lasting two hours.

"(The decision) clearly showed our rallies were not unlawful gatherings and our police services should not have been forced to target and ticket innocent Albertans and Canadians," said Carrigan. 

He also called it a "victory for freedom and for the Constitution."

Carrigan's lawyer, Hatim Kheir, says he argued the definition of 'private social gathering' did not apply to the rallies as members of the public were invited to attend.

"Protesting was never unlawful," said Kheir.

He adds his client's acquittal will set a precedent for other individuals facing similar charges for participating in protests.  

Crown prosecutor Peter Mackenzie did not comment on whether there are plans to launch an appeal, adding there is a 30-day-window after the judge's decision to do so.

"The prime consideration would be whether or not the trial judge committed an error of law," said Mackenzie.

Carrigan says he still faces a ticket for violating a face-covering bylaw during a rally inside CF Chinook Centre.