In Calgary courts: Preacher violated conditional sentence order by sermonizing on courthouse steps, judge rules
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Justice Brandy Shaw said Reimer's decision to speak to his followers in April and May while attending court for scheduled appearances breached the house arrest condition of his sentence.
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And the Calgary Court of Justice judge denied an application by Reimer's lawyer, Andrew MacKenzie, that the law forcing those accused of breaches to prove their innocence violated his client's Charter rights.
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Shaw agreed with Crown lawyer Matt Dalidowicz a conditional sentence order breach hearing wasn't the same as a criminal prosecution, which requires the accused's guilt to be proven beyond a reasonable doubt.
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'Guilt or innocence is not the core of the issue before the court on a CSO breach hearing, the offender has already been found guilty of a criminal offence,' Shaw said in denying MacKenzie's Charter challenge.
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The judge found Reimer's conduct in stopping to speak to supporters using a microphone and being livestreamed for more than 50 minutes on two occasions was not permitted under his conditional sentence, which allows court attendance as an exception.
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Reimer was handed a 12-month CSO with conditions including house arrest followed by two years' probation last Dec. 23, by Justice Karen Molle for criminally harassing a library manager while protesting an upcoming Reading with Royalty event where drag performers read stories to children.
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Crown prosecutor Steven Johnston, who made submissions on what sanction should be placed on Reimer for the breaches, suggested his community term should be collapsed and he be forced to serve the balance behind bars.
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'He's given his chance, if I can call it that, by Justice Molle and it does not last long,' Johnston said.
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But MacKenzie argued the two months Reimer had already served at the Calgary Remand Centre since his arrest on May 8, for the two breaches, would be a sufficient sanction.
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The lawyer noted Reimer wasn't convicted for expressing his opinion.
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'The contents (of his speeches) didn't land him in custody,' MacKenzie said.
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But Johnston noted Molle also found Reimer guilty of breaching conditions of previous bail releases while protesting drag events, so he has a history of ignoring court-ordered conditions.
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'This is a situation where Mr. Reimer had already been found guilty … of pretty similar behaviour,' he said.
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