A Riverview man's trial began Wednesday morning on an allegation he broke the province's pandemic rules during a protest last year.

David Robert West is accused of taking part in a gathering of five or more people while not wearing a mask and being less than two metres apart. 

This was a restriction in place at the time of the Jan. 24, 2021 protest outside Moncton city hall.

West was among five arrested for allegedly violating the rule and issued a ticket under the Emergency Measures Act and the first of that group to go to trial.

Crown prosecutor Logan Landry said at the outset of the trial that the Crown wouldn't oppose the judge imposing no punishment if West pleaded guilty. West, self-represented, opted to go ahead with the case. 

   An RCMP officer shown among protesters near Moncton city hall on Jan. 24, 2021. West was among five arrested and is the first to stand trial. (Guy LeBlanc/Radio-Canada)

Codiac Regional RCMP Sgt. Christopher Mackenzie-Plante was the first of four police witnesses to testify. He said police had been alerted to the planned gathering and that a group of people, including West, who were previously warned or ticketed would be attending. 

The officer testified that police decided if those people were part of the Jan. 24 gathering, they would be arrested. He testified the crowd size varied, at points reaching about 30 people. He said West was there and less than two metres from others. Mackenzie-Plante arrested West. 

Photos taken by another officer show West and others at the protest.

"I don't see any crimes here," West said as the photos were shown to Mackenzie-Plante. 

While cross-examining Mackenzie-Plante, West suggested officers "profiled" him and others. 

"You had some agenda that day?" West said.

Mackenzie-Plante said given a history of previous violations, police had decided arrests were necessary to stop offences from continuing.

West questioned the officer about how he was handcuffed, suggesting the officer used excessive force. The officer said he cuffed West like he would anyone else. 

Another officer, Cpl. Bruno Labbé testified about processing West at the Codiac RCMP detachment. Labbé said he was familiar with West from an earlier incident involving not wearing a mask. West asked if Labbé was aware he had a mask exemption.

Labbé testified that the exemption didn't seem valid, saying it appeared to be a printout from a doctor in Ontario that "anyone could have printed out or made."

Provincial court Judge Luc Labonté stopped further questioning since that previous incident is the subject of a separate case. 

Another officer testified about taking photos of West, while a third testified he was helping with an RCMP drone surveilling the protest and saw West and two others arrive.

The morning trial had a rocky start, with West arriving late and telling the judge he was there under "threat and duress." He questioned whether the judge would uphold his oath.

West wanted three supporters to be able to represent him for the trial, saying they had power of attorney. The judge rejected that, but he was allowed to occasionally consult with them.

One, Britney Green, began objecting and after a back-and-forth with the judge she was almost taken into custody by a court sheriff. 

Green and her partner were among those arrested at the protest last year. Their trials are scheduled for May. Two others arrested that day have pleaded guilty to violating the emergency order. 

Judge rejects 'non-negotiable conditions'

Much of what was supposed to be a half-day trial was spent with the judge laying out the trial process and rules of court. Early in the proceedings, West told the judge he had a list of "non-negotiable conditions" for the trial.

Most were things not permitted under the rules of court, like being able to record video of the trial, or having it heard by a jury. That's not an option for provincial court cases. He also wanted the province's attorney general to lose his law license if West's conviction is overturned on appeal. 

Labonté rejected the demands, saying West was putting forward "pseudo-legal arguments."  

"There's an unfortunate trend by people who are influenced by what they find online," Labonté said, telling West that there are mechanisms like appeals if he believes the trial was flawed.

Later, West asked one officer whether he follows all laws and orders, leading the Crown to object.

West argued that if the government orders people to wear helmets because the sky is falling, he wants to know if the officer would enforce the order. 

You have some arguments that I think have merit, but whenever you bring up the pseudo-legal stuff you lose credibility.

- Judge Luc Labonté

The judge said he understood West's argument, but that peace officers are required to uphold the law. 

"You have some arguments that I think have merit, but whenever you bring up the pseudo-legal stuff you lose credibility," the judge said. 

"Did you know that slavery was once legal?" West asked an officer a few minutes later. 

The Crown closed its case just before noon. 

The trial is expected to continue May 24 with West able to call witnesses and present evidence. West indicated he will seek to challenge the validity of the provincial emergency order. 

West was to be tried on a separate alleged violation of the Emergency Measures Act on Wednesday afternoon, though the Crown withdrew the ticket.

A Riverview man was arrested Monday at the Moncton courthouse after protesting outside the building and refusing to enter for his trial.

David Robert West, 55, was initially to be tried in provincial court on criminal charges of resisting a peace officer and assaulting a sheriff's deputy, stemming from an incident in court on Oct. 8, 2019. 

But at the scheduled start of his trial, West was in a crowd of about two dozen people protesting the case on the courthouse steps and refusing to go inside.

Judge Suzanne Bernard said she would allow West to attend court without a mask at her discretion, provided social distancing was maintained in the courtroom. Face coverings continue to be required in New Brunswick courts, despite the lifting of restrictions in most public settings.

West had already skipped court twice for other charges in connection with New Brunswick's pandemic measures, including once after attempting to enter court without a mask.

Crown prosecutor Logan Landry asked for the trial to go ahead without West present, if he continued to refuse to enter court. A break was called as sheriff's deputies continued to speak with West outside.

Following a brief recess, Bernard issued a warrant for his arrest. Deputy sheriffs and police officers swiftly approached outside the courthouse, as the group of supporters surrounded him.

Protesters surrounded David Robert West outside the courthouse following a warrant for his arrest. The crowd was dispersed by police after a few minutes and the arrival of additional RCMP. (Alexandre Silberman/CBC)

More Mounties began arriving on scene as the protesters blocked West, with some arguing with law enforcement officers for several minutes as they attempted to make the arrest.

West is set to attend additional trials this spring for alleged violations of the province's Emergency Measures Act. While the charges he faced Monday have no connection to pandemic restrictions, a prior appearance in February also drew a crowd of protesters.

Police managed to disperse the latest gathering of protesters and led West to an RCMP vehicle shortly after 10 a.m., where he was handcuffed and driven away to be processed. 

Shortly after the arrest, West appeared in the courtroom.

Bernard asked him if he had legal representation, and he named three people he wanted present for the trial. After telling the judge none are lawyers, he was told he would have to represent himself but could have two present as support people.

West was arrested by RCMP and taken away in a police vehicle before being returned to court for his trial. (Pierre Fournier/CBC)

West called his people during a break, but they never came to the courtroom. 

During a recess to discuss a possible deal, Landry offered to withdraw the assault charge if West would plead guilty to the charge of resisting arrest. But West took issue with how "resisting" was defined and the two failed to reach an agreement.

West began insisting to the judge that he was not guilty and repeatedly denied the assault charge, saying he didn't bite a sheriff's deputy in Oct. 2019. 

Bernard told West if he did not proceed and plead guilty, the trial would proceed. 

"I've been super patient with you, I've given you all the time that you've needed," she said. "Now we're going to start this trial."

Law enforcement arrived on scene after about two dozen protesters surrounded David Robert West following a warrant for his arrest. (Pierre Fournier/CBC)

West changed course as the Crown prepared to call witnesses and begin the trial, pleading guilty to the charge of resisting arrest. 

Landry withdrew the assault charge, connected to allegedly biting a sheriff's deputy, and the case proceeded to sentencing.

Landry told court the first charge stemmed from an incident at Moncton provincial court on Oct. 8, 2019. He said West entered the building filming with his cellphone while court was in session, refused to stop and resisted arrest by ignoring police and stiffening his body.

The Crown asked for 12 months probation, which was imposed by the judge. 

Under the conditions of his release, West must keep the peace, have no contact with the sheriff's deputy he is accused of assaulting, appear in court as required and complete an anger management program.