Brady Baraniski alleged that the prosecution was an abuse of process and his charge under the Public Health Act should be stayed.
“I find that the decision of the Crown to not withdraw the charges against Brady Baraniski was a matter of prosecutorial discretion. Furthermore, in light of deference owed to the Crown in relation to matters of prosecutorial discretion, I find that there is no basis upon which this Court ought to intervene in response to that decision,” Schiefner wrote.We deliver the local news you need in these turbulent times on weekdays at 3 p.m.
Baraniski argued, during his abuse of process hearing, that he wore his mask at all times between those dates while working at the Shorebird Inn, and was not charged with any more infractions during the period. However, Ryan Philipation, an inspector with the SHA, testified employees were observed not wearing masks during a site inspection on June 19, 2021, while Baraniski was in charge of the hotel during his father’s COVID-19 hospitalization.
Schiefner said while Baraniski himself may have complied with the officer’s proposal between May 9, 2021 and June 30, 2021, his staff did not.
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