Police officer challenges harsh discipline in free speech case

From the Justice Centre for Constitutional Freedoms

The Justice Centre announces that the Ontario Civilian Police Commission will hear the appeal of Constable Michael Brisco today, who is challenging his conviction and penalty for donating to the Ottawa Freedom Convoy in early 2022. This case raises questions about the Charter’s protection for freedom of expression, the right of police officers to support political causes while off duty, and the privacy rights of all Canadians.

Constable Michael Brisco of the Windsor Police Service is a highly trained and respected police officer with no prior disciplinary record. He made a $50 donation to the peaceful Freedom Convoy protest through the GiveSendGo fundraising platform on February 8, 2022 – one day after an Ontario Superior Court Judge held that people could continue to engage in “peaceful, lawful and safe protest” in Ottawa so long as honking ceased. When making his donation, Constable Brisco did not identify himself as a police officer and did not contribute to the protest in his capacity as a police officer.

Days later, the GiveSendGo donor list was hacked. The Ontario Provincial Police Service acquired the list and forwarded a set of names to the Windsor Police Service, who discovered that Constable Brisco had donated to the protest.

The Windsor Police Service then chose to charge Constable Brisco for “discreditable conduct.”

After a six-day hearing before an Ontario Provincial Police Adjudicator, Constable Brisco was found guilty of discreditable conduct by a Tribunal on March 24, 2023. Two months later, on May 18, 2023, the Tribunal ordered that Constable Brisco should forfeit pay for 80 hours of work as a penalty.

With the support of the Justice Centre, on June 14, 2023, Constable Brisco filed a Notice of Appeal with Ontario Civilian Police Commission, challenging his conviction and the imposed penalty.

Counsel for Constable Brisco argue that the prosecution against him lacks sufficient evidence. The claim that the Freedom Convoy in Ottawa was an unlawful protest rested entirely on claims made in newspaper articles by various officials, including the Prime Minister and the Premier of Ontario. No credible video, photographic, or other evidence on this point was filed against Constable Brisco. Further, counsel for Constable Brisco argue that the evidence against him – a hacked list that ought to have remained private and confidential – was obtained illegally. Counting the donor list as evidence against Constable Brisco amounts to an abuse of process, counsel argue.

Brisco’s legal counsel further argue that his conviction and penalty rested on a claim that Mr. Brisco’s donation was a demonstration of support for the Ambassador Bridge blockade in Windsor, Ontario; Mr. Brisco argues that there is no evidence of a link between the Ottawa protest and the Windsor blockade, and he denied any support for the blockade during his hearing.

Finally, Constable Brisco argues that the Tribunal’s decisions to convict and discipline him fail to acknowledge or proportionately balance their impact on his Charter-protected right to freedom of expression. While a police officer’s right to free expression is limited during the performance of their duties as officers, Constable Brisco did not donate to the Freedom Convoy in his capacity as a police officer. He also expected the donation to be confidential, and he did not seek to advertise his giving. The expression of off-duty police officers is protected by the Charter to the same degree as the expression of any other citizen.

Darren Leung, one of the lawyers for Constable Brisco, stated, “Freedom of expression is a right that is guaranteed to all Canadians. Police officers are also entitled to express their political beliefs, so long as they do it without identifying themselves as police. Furthermore, it is an injustice that Constable Brisco was investigated on the basis of illegally obtained information. Instead of investigating who was responsible for the hack, the Windsor Police Service have dedicated their resources in prosecuting Constable Brisco.”

“Every Canadian, including police and also including doctors, nurses, teachers and other regulated professionals, has a right to donate to the cause of her or his choice, and to do so privately and confidentially. No Canadian should face disciplinary proceedings at the hands of her or his professional association for expressing support for a cause or movement,” stated John Carpay, President of the Justice Centre.

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Canadian veteran challenges conviction for guarding War Memorial during Freedom Convoy

Published on October 23, 2025

Todayville

From LifeSiteNews

By Clare Marie Merkowsky

When the convoy first came to Ottawa, allegations were floated that the memorial had been desecrated. After learning of this, Evely quickly organized a group of veterans to stand guard around the clock to protect the area.

A Canadian veteran appealed to the Ontario courts after he was convicted for organizing a guard around the National War Memorial during the Freedom Convoy.

In an October press release, the Justice Centre for Constitutional Freedoms (JCCF) announced that an appeal has been filed in the Ontario Court of Appeals on behalf of Master Warrant Officer (Ret’d) Jeffrey Evely over his conviction for mischief and obstructing police while on his way to guard the Ottawa War Memorial during the 2022 Freedom Convoy.

“By locking down large sections of downtown Ottawa, the police were effectively preventing all civilians from accessing public areas and greatly exceeded their powers under the common law,” constitutional lawyer Chris Fleury explained.

“This case raises issues that have implications for protests across the province and the country. We are hopeful that the Ontario Court of Appeal will agree and grant leave to appeal,” he added.

The appeal argues that police overstepped their authority in their response to the 2022 protest of COVID mandates. Police actions at the time included locking down the Ottawa core, establishing checkpoints, and arresting protesters.

In September 2024, Everly was convicted of mischief and obstruction after his involvement in the 2022 Freedom Convoy, which protested COVID mandates by gathering Canadians in front of Parliament in Ottawa.

As LifeSiteNews previously reported, when the convoy first came to Ottawa, allegations were floated that the memorial had been desecrated. After learning of this, Evely quickly organized a group of veterans to stand guard around the clock to protect the area.

However, under former Prime Minister Justin Trudeau’s use of the Emergencies Act, many parts of downtown Ottawa were blocked to the public, and a vigilant police force roamed the streets.

It was during this time that Evely was arrested for entering a closed off section of downtown Ottawa during the early hours of February 19, 2022. He had been on his way to take the 4:25 a.m. shift protecting the Ottawa War Memorial.

He was forcibly pushed to the ground, landing face first. The veteran was then arrested and charged with mischief and obstructing police.

At the time, the use of the EA was justified by claims that the protest was “violent,” a claim that has still gone unsubstantiated.

In fact, videos of the protest against COVID regulations and shot mandates show Canadians from across the country gathering outside Parliament engaged in dancing, street hockey, and other family-friendly activities.

Indeed, the only acts of violence caught on video were carried out against the protesters after the Trudeau government directed police to end the protest. One such video showed an elderly women being trampled by a police horse.

While the officers’ actions were originally sanctioned under the EA, Federal Court Justice Richard Mosley ruled that Trudeau was “not justified” in invoking the EA, forcing Crown prosecutors to adopt a different strategy.

Now, Crown prosecutors allege that the common law granted police the authority to stop and detain Evely, regardless of the EA.

However, Evely and his lawyers have challenged this argument under section 9 of the Canadian Charter of Rights and Freedoms, insisting that his “arrest and detention were arbitrary.”

Earlier this month, Freedom Convoy organizers Tamara Lich and Chris Barber were sentenced to 18-month house arrest after a harrowing 25-month trial process. Many have condemned the sentence, warning it amounts to “political persecution” of those who stand up to the Liberal government.

COVID-19

Freedom Convoy leader Tamara Lich says ‘I am not to leave the house’ while serving sentence

Published on October 18, 2025

Todayville

From LifeSiteNews

By Anthony Murdoch

‘I was hoping to be able to drop off and pick up my grandsons from school, but apparently that request will have to go to a judge’

Freedom Convoy leader Tamara Lich detailed her restrictive house arrest conditions, revealing she is “not” able to leave her house or even pick up her grandkids from school without permission from the state.

Lich wrote in a X post on Wednesday that this past Tuesday was her first meeting with her probation officer, whom she described as “fair and efficient,” adding that she was handed the conditions set out by the judge.

“I was hoping to be able to drop off and pick up my grandsons from school, but apparently that request will have to go to a judge under a variation application, so we’ll just leave everything as is for now,” she wrote.

Lich noted that she has another interview with her probation officer next week to “assess the level of risk I pose to re-offend.”

“It sounds like it’ll basically be a questionnaire to assess my mental state and any dangers I may pose to society,” she said.

While it is common for those on house arrest to have to ask for permission to leave their house, sometimes arrangements can be made otherwise.

On October 7, Ontario Court Justice Heather Perkins-McVey sentenced Lich and Chris Barber to 18 months’ house arrest after being convicted earlier in the year convicted of “mischief.”

Lich was given 18 months less time already spent in custody, amounting to 15 1/2 months.

As reported by LifeSiteNews, the Canadian government was hoping to put Lich in jail for no less than seven years and Barber for eight years for their roles in the 2022 protests against COVID mandates.

Lich said that her probation officer “informed me of the consequences should I breach these conditions, and I am not to leave the house, even for the approved ‘necessities of life’ without contacting her to let her know where I’ll be and for how long,” she wrote.

“She will then provide a letter stating I have been granted permission to be out in society. I’m to have my papers on my person at all times and ready to produce should I be pulled over or seen by law enforcement out and about.”

Lich said that the probation officer did print a letter “before I left, so I could stop at the optometrist and dentist offices on my way home.”

She said that her official release date is January 21, 2027, which she said amounts to “1,799 days after my initial arrest.”

As reported by LifeSiteNews, Lich, reflecting on her recent house arrest verdict, said she has no “remorse” and will not “apologize” for leading a movement that demanded an end to all COVID mandates.

LifeSiteNews reported that Conservative Party leader Pierre Poilievre offered his thoughts on the sentencing, wishing them a “peaceful” life while stopping short of blasting the sentence as his fellow MPs did.

In early 2022, the Freedom Convoy saw thousands of Canadians from coast to coast come to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Trudeau’s government enacted the never-before-used Emergencies Act (EA) on February 14, 2022.