Another day, another delay for the city’s application for an injunction to prevent further ‘freedom rallies’ in Barrie.
A decision on the injunction concerning Tyler Nicholson, one of the rally’s organizers, has instead been pushed down the road.
“The hearing of the interim and interlocutory motion to restrain Mr. Nicholson, which was scheduled for Thursday, May 27, 2021, has been adjourned by the parties as Mr. Nicholson has agreed not to organize, host or participate in a public event or gathering in contravention of Regulation 82/20 of the Reopening Ontario (A Flexible Response to COVID-19) Act, on property owned by the City of Barrie until the disposition of the application,” said Scott LaMantia, the city’s senior communications advisor.
“The city and Mr. Nicholson will work with the court to obtain a date to have the matter heard in its entirety,” LaMantia said.
On May 13, the City of Barrie issued a notice of application with the Ontario Superior Court of Justice for an injunction to restrain the organizer from organizing, hosting and participating in any further gatherings on city property.
The rallies have been held, in part, to protest regulations connected to the COVID-19 pandemic.
An injunction is an order stopping someone, or prohibiting someone, from doing something. The court may order an injunction to prevent harm or to protect a legal right.
On May 17, the matter was adjourned until May 27 on the basis that Nicholson agree not to organize or take part in a rally in Barrie the following weekend. Both sides were to be back in court to address the city’s request that an interim and interlocutory (made during the progress of a legal action and not final or definitive) injunction be ordered until the application is heard on its merits.
These ‘freedom rallies’ have been held contrary to the provincial stay-at-home order, provincial legislation and regulations, the city’s COVID-19 emergency measures bylaw and the Simcoe Muskoka District Health Unit’s public health guidelines.
The gatherings began in mid-March at Meridian Place.
The city doesn’t condone these gatherings and has not provided permission to use its land. To this point, they have been held at Meridian Place, which is now fenced to prevent the rallies, Barrie’s waterfront and in the parking lot behind Sadlon Arena.
The organizers have not obtained permits required to use city property and the city has said it would not issuing permits given the health orders and regulations.
To deter these gatherings, Mayor Jeff Lehman issued an emergency order on April 29 to close and fence off Meridian Place.
Barrie city police have attended these gatherings and have issued more than 20 tickets under the Reopening Ontario Act, with fines totalling more than $18,000. There have also been seven summons issued, with court dates pending. More tickets could be issued as many as 30 days after the offence and summons to appear before the courts could be served as long as six months after the date of the offence.
Municipal enforcement staff have not attended these gatherings, but are reviewing information provided by those who witnessed the gatherings, to pursue further charges under the city’s municipal bylaws.
Although Meridian Place and Memorial Square are fenced off, a smaller ‘freedom rally’ was held last Saturday on the Dunlop Street East sidewalk alongside Memorial Square. At its height, about 55 people attended, carrying signs and chanting.
