Man Claims Medical Exemption From Masking Mandate

An apparent Houdini by a doctor from the local medical scene and the on-going medical crisis had an accused asking where is the justice in court on Tuesday morning.

Appearing in Moose Jaw Provincial Court Shaun Francis told Judge Brian Hendrickson that he was not guilty but rather the victim of circumstance.

“I don’t know where my doctor has disappeared to,” Francis told the Judge.

Francis is charged for not wearing a mask in a public place on February 6th, 2022 in violation of the provincial health mandates that were in existence from December 6th, 2021.

Those mandates stated a person had to wear a mask in an indoor space unless they had a medical reason exempting them from doing so. The mask mandate Francis is charged under has been withdrawn and is no longer applicable.

The indoor mask mandate was enacted as one of a series of measures to help prevent the spread of the COVID - 19 virus.

Francis told Judge Hendrickson since the last time he appeared in court to deal with the matter he had been unable to locate the physician who issued him a medical exemption from the masking mandate. He said he had been unable to find out if the physician had moved to a new office, retired or was even any longer in Moose Jaw.

Additionally he claimed had been unable to see another doctor - as none are looking for new patients for over a year - to verify his health claims.

“The healthcare system is in crisis and we need to get it fixed,” he told the court.

Francis claimed at the present time any doctor he could find willing to accept new patients was a year and a half wait.

“The healthcare system is in crisis right now and we need to get it fixed,” he told the court for a second time.

Francis said he was under the impression his court appearance was to be a trial for the accusation against him. Something Francis was prepared to do.

Reading the notes Judge Hendrickson said that Judge Daryl Rayner had indicated the matter was meant to be further dealt with and was not set for trial.

Judge Rayner had indicated in Francis’s previous appearance before the Court if the accused presented proof of a medical exemption in the way of a letter there would be no need for a trial.

”It makes no sense to set this down for trial if you have proof of an exemption,” Judge Hedrickson said.

Francis said he did not have a letter from his doctor, as he had lost the letter he had been previously given.

“I have the card he gave me,” Francis said showing it to the Court.

He went on to tell Judge Hendrickson the circumstances surrounding his been charged for not wearing a mask in an indoor space.

On the date in question Francis said he had been at the Town and Country Mall where he was approached by a security guard and questioned about not wearing a mask despite the existing public health mandate at that time.

Francis said he was approached by a security guard at the Mall - who had approached him on previous occasions - and that on the date in question Francis had forgotten his medical proof of exemption at home.

“I had showed it to him many times before,” he said, further claiming “it was the same security guard. The only one that had a problem. I think he has a vendetta.”

Judge Hendrickson said the matter had two options - a trial (not needed if a letter was produced) or another physician issuing a letter for the medical exemption but that could be up to one and a half years to get to see a different doctor.

“You are entitled to have this matter dealt with promptly,” Judge Hendrickson said.

“The Crown wants the letter and we’re good and we will withdraw the charge,” the accused was told.

Francis then restated once again “we need some fixing of the medical system.”

Noticeably frustrated Francis said he was under the impression that his matter was suppose to be going to trial Tuesday morning but now it appeared it would continue causing the accused more financial harm with an additional court appearance.

“Today we had work and tomorrow we would not have,” he said. He went on to say his coming to court had cost him a day’s pay to have his case heard on Tuesday morning.

Francis explained he has been financially heavily impacted by the pandemic. The work he was able to find at the present time - cement work - was slowing down due to the economy and his other job as a disc jockey had seen no work for two and a half years.

“Clearly with no gatherings (allowed during the pandemic) it does no good for business,” Francis said.

Judge Hendrickson apologized to Francis for the misunderstanding about the trial not being held Tuesday morning but the notes from Judge Rayner clearly indicated the matter had been set to be dealt with further and it was not a trial date.

Francis, who was self representing himself, said he was prepared to go to trial and that having to return to court during his seasonal job’s traditional work cycle meant a further financial blow to him because he would have to miss work.

“It will cost me another day’s pay.”

Francis asked that the Court hold his trial during the winter when they could no longer pour cement due to the cold weather. It was something Crown Prosecutor Rob Parker said he was agreeable to so long as the court record indicated it was Francis who had requested the lengthy adjournment.

After first suggesting February or January as potential trial dates Francis said he would like the matter dealt with sooner so long as he did not have to miss work to be heard and suffer a further financial loss.

Francis asked if December was agreeable to hold the trial as it was too cold to pour cement at that time.

After a look through the Court’s calendar the matter was set over to December 13th at 1:30 pm for trial.

Judge Hendrickson said the case looked simple and a half day was sufficient as there was no likely Canadian Charter of Rights challenge and it was simply a case of hearing the evidence.

Francis said he was told he could present a Charter Challenge but was simply prepared to prove to the Court he was in fact medically exempt from the compulsory indoor masking requirement.

“It sounds like you tried your level best to get a letter,. To get it from a doctor,” Judge Hendrickson said.

“It sounds like… if he (Francis) has a letter that he (Crown Prosecutor Parker) will certainly look at this letter,” the Judge said.

Francis replied since he had the rest of the day off it was his intention to go and either get a letter to support his claim of a medical exemption or find another doctor who would back up his medical claim.