A Calgary pastor who was jailed over a protest at a library drag storytime has been acquitted of the charges.
Derek Reimer was charged with causing a disturbance and mischief in connection with a protest at a Feb. 25, 2023, drag storytime event at the Seton library location.
In a Sept. 24 decision, Justice Allan Fradsham acquitted Reimer of the charges, saying the prosecution had not proven beyond a reasonable doubt that Reimer was guilty.
“There was no externally manifested disturbance of the public peace in the library area outside the adult programming room,” he wrote.
“I find that the acts of Mr. Reimer did not obstruct, interrupt or interfere with the Calgary Public Library Board’s lawful use, enjoyment, or operation of the Seton branch of the library,” he said.
Justice Fradsham also said that “not all actions which are inconsiderate or disrespectful of others are criminal.”
Reimer’s lawyer, Andrew MacKenzie, said his client has been through a lot, and had served 43 days in jail over the charges.
“He served some time for innocent behaviour,” he told The Epoch Times in a phone interview.
“Nothing can give him back the 43 days he spent in jail and the 18 months where he was effectively banned from protesting. But, going forward, if Derek does continue to peacefully protest, I would hope that police and prosecutors might be mindful of today’s decision and exercise greater care and caution in evaluating future decisions to arrest, detain, and prosecute,” MacKenzie said in a follow-up email to The Epoch Times.
A spokesperson for the prosecutor told The Epoch Times in an email that the decision is being reviewed to “determine next steps, if any.”
“As we are in the potential appeal period, no further comment will be made,” the email said.
Reimer could still face fines of up to $10,000 and/or a year in prison under the City of Calgary’s Safe and Inclusive Access Bylaw, passed in March 2023 in response to protests at drag events, such as the one Reimer attended. The bylaw prohibits protests within 100 metres of an entrance to a city-operated recreation facility or library.
Reimer has previously said that the bylaw violates Charter freedoms. He is fighting it in a separate court case.
Calgary city council says the bylaw applies to protests that take aim at characteristics protected under the Human Rights Act, saying it does not prohibit public protests, but limits them around certain facilities.
