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Saskatchewan’s public health orders, while criticized by some, are still laws in the province.
Brian Pfefferle, a Saskatoon-based criminal trial lawyer, joined Gormley on Wednesday to discuss the orders.
“We need to be very clear that when Premier (Scott) Moe signed the order in council, what occurred is that those public health orders became law in Saskatchewan and the legislation that permits police to have those powers is the summary offence procedure regulation,” he explained.
“That gives police the power to issue tickets to individuals and businesses. That also gives them the ability to compel people to court and to potentially, although rarely, effect certain arrests in rare cases. But certainly, they have that power.”
Pfefferle explained that police can come to the door of any home, yet the invitation ends at the doorway. It’s in very rare circumstances in which police can actually enter a home.
“We’re not suggesting anybody thumb their nose at these public health orders. If they make that decision on their own to do so, they should govern themselves accordingly, and make sure that they’re not committing multiple other infractions, which could involve Criminal Code offences,” Pfefferle said.
The lawyer also said if people do lie to police at their doorway, or at any time, that’s obstruction of justice – a serious offence.
“A lot of people get themselves in trouble by becoming quite offensive, quite assertive. But at the same time, being too co-operative can also get you into trouble in terms of your legal rights,” Pfefferle said.
“Police have a duty to identify themselves (and) they have a duty to identify why they’re there. But if they don’t have a warrant, admitting them entry voluntarily into your home could do an end-around your Charter rights.”
If the circumstance ends up in court, the offender cannot later say police didn’t have a warrant in the setting of court.
Pfefferle said residents should not use force if the circumstances do lead to police entering the home without a warrant.
“Be polite. If the police ask to come into your residence, certainly it’s your right to refuse,” he said.
Charges can still be fought in a court of law. Pfefferle explained the typical circumstance that would happen if someone is charged under the public health orders.
“Typically, what would happen if you did get charged with this, you would be issued a summons for appearing in court. You could pay a voluntary fine in some cases, but oftentimes it will lead to a day in court,” he said.
