Man found guilty of sexual assault after ‘joke’ at Regina gas station

A person pumps gas in this undated file photo.

Warning: This story contains elements that some readers may find disturbing.

A man has been found guilty of sexual assault in connection with an incident last year at a Regina gas station, despite his arguments that his actions were the result of a joke.

On July 6, Michael Bernhardt was found guilty of simulating a sexual act on one of the station’s attendants.

According to court documents, the incident happened on Oct. 15, 2025. At roughly 10 a.m., Bernhardt arrived at the station in need of fuel for his truck.

The victim, whose identity is protected by a publication ban, assisted him.

The victim testified that Bernhardt was very particular about how he wanted his vehicle to be filled — with the victim interpreting his requests as being centred around not wanting any gas spilled on the ground or the truck.

The victim began to fill the truck, but he turned the nozzle off before leaving to attend to another vehicle that had pulled up in an attempt to comply with Bernhardt’s requests, with the nozzle left in the fuel-filler neck.

After assisting the other customer, the victim returned to Bernhardt’s truck to finish fuelling it.

After Bernhardt returned, he criticized the victim for leaving the nozzle in the fuel-filler neck unattended.

“Mr. Bernhardt appeared upset but said ‘it would be OK’ if (the victim) told him a joke. (The victim) said he did not know any jokes,” the court documents read. “However, Bernhardt persisted that (the victim) needed to tell him a joke. (The victim) acquiesced and told Mr. Bernhardt a joke — something about Jesus and hockey.”

‘Half Nelson’/‘Full Nelson’

Bernhardt responded to this by asking the victim if he could “show” him a joke in return, which the victim agreed to.

Bernhardt told the victim to put one of his arms in the air and then put that hand behind his head, referring to the position as a “Half Nelson,” which is the name of a wrestling move.

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Bernhardt then told the victim to do the same with his other hand and arm, so that both arms were in the air behind his back in a “Full Nelson.”

After both of the victim’s hands were behind his head, Bernhardt moved behind him, grabbed him by the waist and thrust his hips into the victim’s buttocks twice.

‘My way of showing dominance’: Bernhardt

The young man said Bernhardt called the final move the “Father Nelson” as a religious reference.

“(The victim) also testified that Mr. Bernhardt said, ‘This is my way of showing dominance,’ after showing the joke to him. Mr. Bernhardt then released his grip on (the victim’s) waist, walked toward his vehicle, and then drove away from the gas station,” the decision read.

Bernhardt referred to the joke’s name as the “Three Nelsons.”

Although the full incident was not filmed, video footage corroborated the victim’s account of Bernhardt assaulting him, according to the ruling.

The victim stated that he consented to being shown a joke but did not consent to Bernhardt “humping” him from behind or anything else involving his “lower half.”

The young attendant spoke about the incident later that day with his co-worker. The two were also working the next day when Bernhardt returned to the gas station in the afternoon.

While the co-worker was refuelling Bernhardt’s vehicle, he asked her if she knew any jokes before beginning to explain the “Three Nelsons” joke.

“However, prior to telling (the co-worker) the joke, Mr. Bernhardt said that, ‘I would ‘do’ it to you, but you are a girl.’ Mr. Bernhardt then proceeded to tell (the co-worker) the joke in words and through his actions. In doing so, Mr. Bernhardt did not touch or make any physical contact with (the co-worker),” according to court documents.

Victim ‘not being himself’

The co-worker testified that after explaining the joke, Bernhardt saw the victim in the area where they were standing. Bernhardt pointed to him and reportedly said: ‘He knows the ‘Three Nelsons’ joke and that’s why he’s so grumpy.’"

The co-worker told the court the victim was “not being himself” on both Oct. 15 and Oct. 16.

After speaking with the victim again, the coworker told him he should speak with their supervisor.

The victim did so after Bernhardt left the gas station, telling his supervisor about the incident from the previous day. The two were able to view a video recording of the incident and determine Bernhardt’s last name from the station’s customer records.

The incident was then reported to police.

During the trial, which took place in June, Bernhardt’s defence argued the victim had consented to the joke as evidenced by him following Bernhardt’s instructions.

However, Judge Steven Schiefner stated that the victim could not have known from context what the next steps were, as the joke relied on misdirection.

Schiefner explained further that “consent to contact of a sexual nature cannot be obtained by subterfuge.”

“There is no dispute that Mr. Bernhardt had physical contact with the gas station attendant. The sexual nature of that contact is not determined subjectively — from Mr. Bernhardt’s perspective,” the judge wrote.

“Rather, the presence or absence of a sexual nature for physical contact is determined objectively — from the perspective of a reasonable observer.”

‘No consent means no touching’

In his conclusion, Schiefner repeated the words of New Brunswick Provincial Judge Brigitte Sivret:

“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,” Schiefner wrote.

“No consent means no touching; joking or not!”

If you or someone you know is struggling with sexual assault or trauma, the following resources are available to support people in crisis:

• Call 911 if you are in immediate danger or fear for your safety.
• The Canadian Association of Sexual Assault Centres' website has a comprehensive list of sexual assault centres in Canada that offer information, advocacy and counselling. 
• The Ending Violence Association of Canada‘s website has links to helplines, support services and locations across Canada that offer sexual assault kits.
• Indian Residential School Survivors Society crisis lines: [phone] or [phone] (24/7)
• Toronto Rape Crisis Centre crisis line: [phone] (24/7)
• Canadian Human Trafficking Hotline: [phone] (24/7)
• Trans Lifeline: [phone]
• Suicide Crisis Helpline: call or text 988 (24/7)
• Sexual Misconduct Support and Resource Centre for current and former Canadian Armed Forces members: [phone]
• Read about your rights as a victim on the Canadian Resource Centre for Victims of Crime website.