Another warrant issued after Riverview pandemic protester skips trial

Another warrant was issued Friday after a Riverview man failed to appear in court for the second day when he was set to be tried on alleged violations of New Brunswick's Emergency Measures Act. 

David Robert West wasn't present when provincial court Judge Luc Labonté called the case. 

"I'm going to issue a warrant," Labonté said. "If he wants to come in and take care of his warrant then he can do so."

It was the second day in a row West had missed scheduled court appearances, and the second time a judge had issued an arrest warrant. Crown prosecutor Rémi Allard told Labonté the first warrant was still outstanding, and police had yet to arrest West. 

On Thursday, West had been scheduled to be tried on Criminal Code charges that include mischief and causing a disturbance. 

A video shows him and others attempting to enter the Moncton courthouse without masks, which are required to enter the building. About 40 people were protesting outside the courthouse in support of West that morning.

Judge Suzanne Bernard on Thursday noted West had been told that he would need to wear a mask or present a valid medical exemption.

Geoffrey Downey, a spokesperson for the Department of Justice and Public Safety, said in an email to Radio-Canada that a person attempted to enter the courthouse without a mask, was unable to provide proof of an exemption and then left the building.

Had West attended court either day, the trials wouldn't have gone ahead. The Crown sought adjournments because the prosecutor handling the case is in isolation and so was a witness for one of the charges Thursday.

West was among five people arrested and charged at a protest against measures to limit the spread of COVID-19 on Jan. 24, 2021, outside Moncton city hall. 

Skipping a scheduled appearance in court can lead to a Criminal Code charge of failing to appear. A person convicted of that charge can be sentenced to up to two years in jail.