A man has been found guilty of sexually assaulting an attendant at a Regina area gas station after a judge disagreed with his defence that it was just a joke.
Regina provincial court Judge Steven Schiefner’s ruling hinged on whether the attendant’s decision to agree to hear a joke from Michael Bernhardt also meant he consented to being touched by the man.
The complainant’s identity is protected under a standard publication ban.
Schiefner ultimately found that that consent to “physical contact of a sexual nature cannot be obtained through subterfuge.”
The judge concluded his ruling by quoting from a New Brunswick Provincial Court decision.
“Touching someone in a way that violates that person’s sexual integrity, without that person’s consent, constitutes a ‘sexual assault’ even though it was done in a context of a joke. No consent means no touching; joking or not!” the ruling says.
The decision caps off a prosecution that began in October 2025, when Michael Bernhardt was charged with sexual assault after an altercation at an unspecified gas station in Regina.
The trial was held in front of Schiefner in June 2026 and the judge’s decision was published this week.
The assault
According to the decision, at approximately 10 a.m. on Oct. 15, 2025, Michael Bernhardt drove up to a full-service Regina gas station.
Bernhardt’s truck needed gas and the attendant went to assist him. Before going inside the gas station, Bernhardt told the complainant to not leave the fuel nozzle unattended in the fuel-filler neck of his truck.
After Bernhardt paid inside the building, he approached the complainant and began criticizing him for “doing it wrong,” according to testimony in court.
The attendant did not believe he had done anything wrong, but Bernhardt appeared upset, saying “it would be OK” if the complainant told him a joke. The complainant resisted but eventually shared a joke.
Bernhardt responded by asking if he could show the complainant a joke of his own.
The complainant testified during the trial that he did agree to the request, but in his decision Schiefner said he believes that agreement was, at best, meant “to appease an apparently angry customer.”
Bernhardt then told the complainant to put one of his arms in the air and then put that hand behind his head. Bernhardt told the man it was a position called a “Half Nelson.”
Bernhardt then told the attendant to put his other arm in the air and then put that hand behind his head so that both arms were behind him. Bernhardt to the complainant the new position was a “Full Nelson.”
Bernhardt then quickly moved behind the complainant, grabbed him by his waist and then thrust his hips into the attendant’s butt twice. The complainant testified that Bernhardt said the final position was a “Father Nelson” and that “this is my way of showing dominance.”
Bernhardt then released his grip on the complainant’s waist, walked towards his vehicle and drove away.
The complainant testified during trial that he did not initially understand what had happened to him, but did mention the incident to one of his co-workers later that day.
The co-worker testified at trial that she had been griping to the complainant about a difficult customer when the attendant said words to the effect of, “Yeah. Well. I had a customer assault me this morning.”
The complainant said Bernhardt returned to the gas station the following day. The complainant asked the co-worker to assist Bernhardt.
The co-worker testified that Bernhardt asked her if she knew any jokes before saying he knew a joke and then beginning to share the “three Nelsons” joke.
Bernhardt did not touch the co-worker, but acted out the entire joke. Bernhardt then saw the complainant in the area, pointed to him and said “He knows the ‘Three Nelsons’ joke and that’s why he so grumpy.”
After Bernhardt left, the coworkers discussed their interactions with the man and the co-worker encouraged the complainant to the report the incident to their supervisor.
The attendant spoke with his supervisor, and with his assistance was able to access the gas station’s customer records and determine that the customer’s last name was Bernhardt.
They also located a video of the assault captured by the gas station’s cameras.
Police were eventually called, an investigation was started and Bernhardt was charged with sexual assault.
Trial
The day-long trial saw the co-worker, the complainant and a Regina police officer testify.
Bernhardt did not testify in his own defence, but his lawyer Deanna Counsell put forward an argument that her client had been “just joking,” and that the gas station attendant went along with the joke and consented.
Defence lawyer Deanna Counsell urged the judge to not take the complainant as a credible witness, as he had only reported the incident after Bernhardt embarrassed him at his workplace in front of a co-worker.
Counsell said that may have provided the complainant with a motive to lie about the encounter, including testimony that he did not consent to Bernhardt having physical contact with him.
Schiefner dismissed those arguments, finding the complainant’s testimony to be consistent and credible, with no internal inconsistencies.
“There is no correct way for a person to report having been the victim of an assault, let alone a sexual assault,” Schiefner said.
Schiefner ultimately ruled that Bernhardt’s actions when touching the complainant as part of the “joke” were sexual in nature.
The judge also ruled that considering the totality of the evidence, the complainant did not consent to Bernhardt’s actions.
“The setup for the ‘Three Nelsons’ joke involved misdirection, and the punchline involved humiliating and degrading [the complainant] by simulating a sexual act being performed on him,” wrote Schiefner.
Bernhardt’s sentencing hearing is scheduled for July 27 at 2 p.m. CST.
