The judge also granted McDonald’s appeal of his conviction relating to an anti-lockdown rally held in St. Catharines about a week after the gathering in Niagara Falls, and then quashed the conviction.

Ramsay, who told the appellant he did not need to hear his submissions during the hearing, did not provide any reasons for his decisions.

It was standing-room-only in the courtroom, and the crowd applauded after the judge made his brief ruling.

There was an increased police presence in the area as people rallied outside the courthouse in support of McDonald.

After the hearing, an emotional McDonald addressed the crowd.

“Don’t give up hope, no matter what they (expletive) throw at you,” he said.

“I said we had two options: we fight or we lose. And I fought and I won and so can everyone here.

“This is our win. This was our versus freedom and we all won.”

McDonald was previously found not guilty following a trial in an Ontario Court of Justice of committing a common nuisance in relation to his role in a large gathering held in the Niagara Falls tourism core.

Under the Criminal Code, a common nuisance is defined as any activity or act that is likely to endanger the lives, safety and health of the public.

The Crown appealed the acquittal to Superior Court.

McDonald, meanwhile, appealed his conviction on the same charge relating to his role in the smaller rally in St. Catharines.

Both appeals were heard simultaneously.

In spring 2021, the Ontario government responded to a surge in COVID-19 infections by declaring a state of emergency and ordering residents to stay at home.

But hundreds of unmasked people defied the stay-at-home order, including controversial People’s Party of Canada leader Maxime Bernier, at the April 17, 2021 rally in Niagara Falls.

In his submissions in Superior Court on Friday, assistant Crown attorney Michael Lucifora argued Blouin made “glaring errors” in his decision as he did not take into consideration all of the relevant facts in the relation to the spread of COVID-19.

Dr. Matthew Muller, an infectious diseases physician from Toronto, testified at both trials that the province was experiencing a significant wave of infections at the time of the Niagara demonstrations.

He said both events had the potential to create a risk of infections, but added the risk would have been lower compared to a gathering held indoors.

Lucifora at the appeal hearing said while the risk was minimized, it was not eliminated and therefore McDonald’s actions constituted committing a common nuisance.

While Blouin acquitted McDonald in the first trial, the judge who presided over the trial relating to the St. Catharines event had a diametrically different opinion.

“They were focused on freedom,” De Filippis said in his verdict.

“Freedom is not a licence, freedom is a responsibility. The defendant’s freedom to swing his arms ends at my nose.”

McDonald, who represented himself at both trials, testified he was simply a participant and not an organizer of either event.

He maintained he was exercising his right to participate in a peaceful assembly protected by the Canadian Bill of Rights.

“My victory in the Superior Court means a great deal to me because it stands as a challenge to government overreach and a defence of the fundamental rights of all Canadians,” McDonald wrote in an email statement Friday afternoon.

He said his case highlights the importance of addressing the “misuse of the legal system to silence dissent.”

“This win is a significant step in the fight against these injustices and in the protection of individual rights — not just for myself, but for the next generation, our children.”