Charges withdrawn in pandemic protester's case
Ivan Finton Hall, 37, of Saint John, says despite end of criminal case, crusade opposing emergency measures imposed due to COVID-19 continues to ensure accountability
A Saint John man who saw charges stemming from his opposition to COVID-19 precautions withdrawn Wednesday wasn’t satisfied, noting he plans to pursue legal action against public officials involved in his case.
Ivan Finton Hall, 37, of Lamda Avenue in the port city, was scheduled to stand trial in Fredericton provincial court Wednesday on two criminal charges.
The Fredericton Police Force alleged he obstructed deputy sheriff Natasha Phillips in the execution of her duty Sept. 2, 2021, at the Fredericton courthouse, and that he failed to attend court on that previous charge April 29, 2022.
Hall has been an outspoken opponent of the orders issued by the provincial government under the Emergency Measures Act during the height of the COVID-19 pandemic, and he’s been a leader of a protest movement dealing with such issues and touting a perspective of “natural law” that disputes the legal framework of the criminal-justice system.
When Judge Lucie Mathurin called Hall’s case Wednesday, he stood in the courtroom gallery, but he declined to identify himself.
“Is that you, Mr. Hall?” the judge asked.
“Yet to be determined by the Crown,” he answered.
When the court proceeded, believing the defendant was present, Hall took issue with that.
“Please don’t make assumptions,” he told Mathurin. “I am here to appear for Mr. Hall.”
However, the trial didn’t proceed, as prosecutor Jennifer Bueno advised the Crown was withdrawing the charges.
The gallery - filled with about two dozen of Hall’s supporters - broke out into laughter, drawing an admonishment from Mathurin, who warned she wouldn’t abide by any outbursts.
“Is that voluntarily or involuntarily withdrawn?” Hall asked, inquiring about the reason for the prosecution’s motion.
Again, laughter broke out among Hall’s supporters, and the judge cleared them from the courtroom, allowing only officers of the court and a reporter to remain.
“I need witnesses,” Hall said in protest. “There’s a couple of matters that need to be resolved before we’re finished here.”
Mathurin allowed two of those who accompanied the defendant to court to remain.
He asked if any publication bans had been ordered on his files, if any subpoenas had been issued for the scheduled trial and if the court had a list of expected Crown witnesses before it.
The judge said there’s no publication ban endorsed on the files and no indication any subpoenas were issued. She said the court wouldn’t be and wasn’t provided with a list of witnesses.
Hall also inquired about supporting documentation for an arrest warrant that had been issued for him earlier in the case, and Mathurin confirmed Cpl. Brent Legere had sworn an affidavit that was filed with the court as evidence to back up the request for the warrant.
The defendant said that’s what he had in his files as well.
“So now I know who I’m going to go after,” he said, indicating he plans to pursue actions against that Fredericton Police Force officer.
Outside the courtroom, Hall spoke with Debbie Hallihan, the head sheriff for the Fredericton district, and he told her while the charges were withdrawn, he wasn’t done with the matter.
Hall told her that the Crown’s decision meant there was no public examination of government officials’ actions in his case, and therefore no accountability.
During the height of the pandemic, access to New Brunswick courthouses were limited to prevent the potential spread of COVID-19.
At one point, only defendants, subpoenaed witnesses, lawyers and journalists were allowed to attend court in person. Court of Appeal Chief Justice Marc Richard, in a pandemic directive, noted the exception for journalists was made to ensure the open-court principle was still respected.
But Hall told Hallihan on Wednesday that he and his fellow protesters felt any restriction barring anyone from attending court violated that principle.
He said no one should have been banned from the Justice Building during the pandemic, and he was intent on ensuring there were consequences for public officials for those decisions and actions.
Hall has been active in the movement against COVID-19 emergency orders, attempting to act as “power of attorney” for various self-represented defendants and civil court litigants with similar perspectives on government reaction to the pandemic.
He has butted heads with judges while trying to interject in other defendants’ court proceedings, and he was forcibly removed from courtrooms on at least two occasions - in Fredericton and Moncton - for his insistence on representing others despite not being a lawyer.
Don MacPherson can be contacted at ftonindependent@gmail.com.
another sovereign citizen,,,LOL LOL want to be sovereign,give up your medicare card and get off of welfare ....then see how sovereign you will be !
Well, if We thought Mr.Hall was feeling his oats before, today’s court outcome will no doubt have emboldened him to new heights. The justice system continues to baffle me. This individual is given free reign to mock the court yet someone who admits to shoplifting groceries from the stupid store is guaranteed to feel the full weight of the law.