He didn't really get his day in court, but Trevor Chaulk's legal ordeal is now behind him.
Chaulk was one of the group of people locally known as the Charlottetown protestors.
Last February Charlottetown residents, with support from the surrounding area, held a demonstration, in the form of a snowmobile ride through Terra Nova National Park, to let Parks Canada know they wanted an access corridor through the park.
Charlottetown is bordered on all sides by the park. Under current park regulations, snowmobiles and ATVs are prohibited with park boundaries.
Just days before the protest, three men where charged for operating snowmobiles within park boundaries.
During the seizure of the snowmobiles, Charlottetown residents arrived at the scene, and it resulted in a fourth person being charged with obstruction.
Trevor Chaulk was the fourth person.
Due to postponements in the trial, the first case between Charlottetown residents and Parks Canada was thrown out on Jan 6.
Trevor Chaulk, Charlottetown resident, was charged with Obstruction of a Park Warden, following an alleged altercation between Terra Nova National Park wardens and three snowmobilers in the park last February.
He received his summons to appear in court, on March 7. His case was tried separate from the snowmobilers.
Chaulk's lawyer Kevin Preston, with Easton, Hillier, Lawrence and Preston in Gander, said two days before the Jan 6 trial a letter was received from the Crown prosecutor, stating the main witness was unavailable to testify and would be seeking postponement. The park warden scheduled to testify was off duty because of a medical condition and was awaiting surgery.
"We weren't willing to consent to that," said Preston. "So the matter basically proceeded to court at the designated trial time."
The crown made a pitch to delay, he said.
However, without advanced notice beyond the two days, he said, it doesn't fall within the time frames under the rules of provincial court.
Preston said the judge would have to make a ruling that there were special circumstances beyond the control of the Crown.
In that case, Preston said, the judge has the discretion to override the usual time frames.
"First of all (the crown) didn't comply with the regular time frames, so the judge had to consider whether or not it was emergency circumstances," he said.
"(The judge) didn't find there to be such circumstances."
Preston said the judge informed the Crown sufficient time should have been allotted for notice of delay.
Furthermore, he point out, Chaulk had a significant loss of income because he had passed up an employment opportunity because of the trial date.
Although the case was thrown out, Preston said, there was a strong case built around the trial.
"We felt very confident in the case, because we had a number of witnesses who were present at the time," he said. "There hadn't been any alleged physical aspect to the obstruction. It was going on an alleged statement, that was made from the side of the road, with the wind blowing and the snow coming down, with other people present."
He said Chaulk was just conveying a message, the same as everyone else that was in attendance, that day.
"All they've been doing is speaking with one voice in terms of their opinion, and on this particular day that opinion landed Trevor Chaulk with a charge against him, and we are mystified to this day why he got singled out," he said.
Chaulk is just glad to have the matter behind him.
"I'm relieved to have it over with, but it would have been nice to have had my day in court because I was innocent," he maintains.
He works within in the province, but his work requires him to be gone for periods of time.
"I lost about a month's work just for that circumstance alone," he said.
Chaulk said is glad he can now get on with his life.
Chaulk said he's extremely grateful for all the support received during trial and leading up to the trial.
"It's something I'll never forget."
The Crown has 30 days to appeal. As of the Packet's deadline, Preston said he hadn't been notified of any intent to appeal.
Future date
Preston is also representing the three men who were charged with damage and/or destroying flora in Terra Nova National Park, operating an over-snow vehicle in Terra Nova National Park and willfully obstructing an officer in making a lawful seizure.
Preston said he couldn't speak to the matter while the case is awaiting trial, but provided the following comment.
"I can't really comment beyond the fact that we will be prepared to proceed to trial when the day comes, and we haven't been notified of any postponement in that matter as of yet," he said.
The three snowmobilers are expected to appear in court on Feb 27.
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