REGINA — A Saskatchewan man has been found guilty of sexual assault after a judge ruled that simulating a sexual act on a gas station attendant as a “joke” constituted a criminal offence.
Michael D. Bernhardt was convicted July 6 in Regina Provincial Court following a trial June 15.
According to court documents, the incident occurred at a full-service gas station in Regina on Oct. 15, 2025. Bernhardt became upset with the attendant, identified only as M.L., for leaving the fuel nozzle unattended while filling his truck. After pressuring the young attendant to tell him a joke, Bernhardt asked if he could “show” M.L. a joke in return.
Judge S. D. Schiefner described what followed as misdirection and humiliation.
Warning: Details may be disturbing to some
M.L. testified that Bernhardt instructed him to place his arms in the air and his hands behind his head, a position that Bernhardt called a “Full Nelson.” Bernhardt then moved behind M.L., grabbed him by the waist and thrust his groin into the attendant’s buttocks twice.
Bernhardt called the final stage of the “joke” a “Father Nelson” and told M.L. “this is my way of showing dominance.”
Bernhardt’s defence lawyer had argued that Bernhardt was only telling a joke and that M.L. had consented by agreeing to be shown the joke and following instructions.
But Judge Schiefner rejected this argument.
“Physical contact of a sexual nature without consent is sexual assault – joke or no joke.”
Court heard M.L., who appeared to be in his early 20s, felt pressured to participate because Bernhardt seemed angry about the service. Even though M.L. agreed to be shown a joke, he didn’t consent to being “humped” from behind.
“Consent to contact of a sexual nature cannot be obtained through subterfuge,” ruled Judge Schiefner. “Mr. Bernhardt did not obtain the complainant’s consent, and he could not have reasonably believed the complainant had consented because he never told the complainant what he intended to do. In fact, the point of the joke appears to have been to misdirect the gas station attendant and then humiliate him in front of his co-workers by holding him from behind and performing a simulated sexual act on him.”
The judge said the point of the joke “appears to have been to misdirect the gas station attendant and then humiliate him in front of his co-workers by holding him from behind and performing a simulated sexual act on him.”
Court heard that Bernhardt returned to the gas station the next day and approached another employee, J.G. He didn’t physically touch her but began telling her the same “Three Nelsons” joke but stopped, saying, “I would ‘do’ it to you, but you are a girl.”
Bernhardt then pointed at M.L. and said to J.G., “He knows the ‘Three Nelsons’ joke and that’s why he [is] so grumpy.”
It was after this second encounter that M.L. reported the incident to his supervisor and eventually to police.
Video evidence from the gas station’s security cameras corroborated M.L.’s description of events.
The judge also dismissed the argument that the actions weren’t sexual in nature because Bernhardt may have been motivated by a desire to humiliate rather than for sexual gratification.
The Crown argued that all elements of sexual assault were met, including physical contact of a sexual nature, the complainant didn’t consent, and Bernhardt knew or was wilfully blind to the lack of consent.
A publication ban prohibits the identification of the complainant or any information that could identify him.
Sentencing will be scheduled at a later date.
