An Abbotsford Provincial Court judge has upheld a $5,750 fine issued against a man who failed to wear a mask while crossing the border during the COVID-19 pandemic.
David Allan Cross was issued the ticket under the Quarantine Act on July 5, 2021. The ticket alleged “failure to comply with an order prohibiting or subjecting to any condition the entry into Canada.”
Cross argued the ticket did not adequately describe the alleged offence.
In Judge Gregory Brown’s June 16 decision, the Crown conceded the ticket did not give Cross enough information about the alleged offence.
Still, the judge said, "the defendant should clearly be aware he is being prosecuted for not wearing a mask.”
The decision said Cross had the information needed to fight the ticket as a result of case disclosure he had received.
“The disclosure specifically refers to the defendant as a Canadian traveller who is a cross-border commercial truck driver (exempt from quarantine and PCR),” the court documents said. “It suggests he refused to wear his mask upon entering Canada, but refused to disclose or provide documentation, claiming a health condition.”
Brown said the Crown remained firm that Cross knew he was being prosecuted for not wearing a mask as set out in that disclosure.
Brown said he fully agreed that the COVID-19 ticket alleging a “failure to comply with an order prohibiting or subjecting to any condition the entry into Canada” was imprecise.
“It does not specify in which way Mr. Cross failed to comply with an order, and it does not specify the order in council itself,” Brown said.
However, Brown added, there was no dispute Cross was fully aware through the disclosure that he was being prosecuted for not wearing a mask when entering Canada.
“The ticket itself specifies the date, time, place and details of the Defendant. It does refer to s. 58 of the Quarantine Act and a failure to comply with an order respecting entry into Canada. The fine of $5,750 is written in,” Brown said.
He concluded Cross had been treated fairly.
“(The ticket) describes the time and place of the offence, together with a descriptor of the offence by failing to comply with an order concerning entry into Canada,” Brown said. “It simply fails to describe the exact means by which the alleged offence was committed, by not wearing a mask.”
