'If [Smith] was asking Mr. Hay to leave because he was not wearing a mask, he was merely enforcing a public health order as he was required to do.”
A Summerland man has been found guilty of assault after refusing to wear a mask in a store during the pandemic and becoming violent.
Security camera footage without sound that was shared in court and described by Judge Michelle Daneliuk in her decision shows Smith and Hay having words over a period of time while Hay waited in line. “It is clear on the video that Mr. Hay acts out physically against Mr. Smith. It is clear he is the [physical] aggressor," said Daneliuk in her decision Tuesday.
Hay also testified that masks fogged up his glasses and that he could not see, and he said that he couldn’t breathe properly in masks due to previously having been a smoker.
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