Pandemic protester’s trial delayed for disclosure
Mitchell Noel Albert, 25, of Perth-Andover, is accused of obstructing police during January 2022 anti-vaccine/anti-mask rally at Fredericton city hall
A Perth-Andover man active in the movement against pandemic precautions succeeded in getting his trial adjourned after arguing the bulk of his disclosure was improperly redacted by authorities.
Mitchell Noel Albert, 25, of Perth-Andover, previously pleaded not guilty to a Jan. 22, 2022, count of obstructing city police Cpl. Frederic Loiseau and an April 22, 2022, count alleging he failed to attend provincial court to answer to the previous charge.
He was back in Fredericton provincial court Tuesday, scheduled to stand trial on those two charges.
However, Albert instead asked Judge Natalie LeBlanc for an adjournment, arguing he wasn’t able to prepare adequately for trial because of a disclosure issue.
He said the copy of his Crown file he received consisted of 70 pages, 50 of which had been redacted by police.
“All of the police officers’ notes are redacted,” Albert said. “All the photos are blacked out as well.”
He told the court he’d called the Crown prosecutors’ office repeatedly since he first received the disclosure package to request the redacted information but never got a response.
“There’s nothing in the disclosure that outlines the charge of obstruction,” the defendant said.
Crown prosecutor Rebekah Logan said she hadn’t been aware of the redactions, what was specifically redacted and if they were merited.
Furthermore, she said, she learned from Albert just before court convened that he’d been unable to access the videos that had been disclosed as part of the evidence.
They were provided on a compact disc, the prosecutor said, and Albert had been unable to access the format.
LeBlanc said rather than rule on the adjournment request right away, she took a brief recess to allow Logan to compare Albert’s redacted disclosure with her file, and to give the prosecutor a chance to let Albert view the videos.
Adjournment granted
When court was called back into session, Logan explained that it appeared some of the redactions related to private information of other accused persons, which isn’t information Albert should get.
“There were three or four long sheets that I agree with the redactions,” she said.
However, the prosecutor added she agreed there was some material that was blacked out that shouldn’t have been, and that Albert should get that information.
Given that concession by the Crown, the judge granted the request to postpone the trial.
“Mr. Albert clearly has a right to a defence… and he also has a right to disclosure,” LeBlanc said.
“As I understand it, he already asked and he didn’t get it.”
Logan said the additional information should be ready for him by the end of the week.
LeBlanc set a new trial date of Aug. 1, but she also scheduled a pre-trial conference for July 17 to see if the disclosure issues have been addressed ahead of the trial.
Logan had recommended a full day for trial, and Albert said he’ll need time to present his defence.
“I have four or five witnesses I’d be calling as well,” the defendant said.
Among the witnesses he wants to call is Fredericton West-Hanwell MLA and former Education minister Dominic Cardy, and he asked the court to issue a subpoena for him for the new trial date.
LeBlanc said Albert would have to fill out the appropriate forms and a judge would rule if the subpoena was necessary.
History of his cases
The obstruction charge stemmed from Albert’s interaction with police by Fredericton city hall Jan. 22, 2022. He was participating in a rally where he and others in the anti-vaccination/anti-masking movement protested the COVID-19 restrictions put in place by the provincial government by way of an order under the Emergency Measures Act.
Cardy made news just ahead of the protest and afterward for his criticism of the Fredericton Police Force for allowing it to go ahead despite the emergency order barring large gatherings of people.
However, in the months since that protest and others in New Brunswick, courts have ruled the language in the emergency order was unclear on such gatherings and specifically on the issue of the constitutionally protected right to protest.
Albert’s charge of failing to attend court flowed from him butting heads with provincial court Judge Kenneth Oliver, who required masking in his courtroom, even for a time after the provincial mask mandate was lifted.
Albert was scheduled to appear before him on the obstruction charge, but refused to mask, resulting in him being barred from Oliver’s courtroom.
The defendant and Sean Patrick Kenney, a fellow member of the movement against pandemic mandates, later filed a small-claim action against Oliver.
An adjudicator dismissed that lawsuit because it was statute-barred, as the Provincial Court Act notes judges can’t be sued for actions taken on the bench. They appealed, and a Court of King’s Bench judge dismissed that case as well.
Albert vowed he’d appeal that dismissal as well.
Don MacPherson can be contacted at ftonindependent@gmail.com.
The selfishness of these people is astonishing. The world took care of the people but these few that didn't want to do what was best for all are now wasting tax money :( -- Crazy -- Take care
Hell for mess we have on our streets today maybe the Justices should be able to be held liable. The crown should not be deciding what is redacted, that should be the Judge or a separate branch of the judicial process.