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COVID-19

Court Ruling: Federal Government acted illegally in responding to 2022 Freedom Convoy

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News release from the Justice Centre for Constitutional Freedoms

The Justice Centre is pleased to announce that the legal and constitutional challenge against the first-ever invocation of the Emergencies Act, filed as Jost et al. v. Canada, has been decided in favour of the citizens who participated in the peaceful 2022 Freedom Convoy in Ottawa. The Justice Centre provided lawyers for these Canadians, who launched a court action within ten days of the Emergencies Act being invoked, and who sought a court declaration that the Emergencies Act was invoked without legal justification.The constitutional challenge to the invocation of the Emergencies Act was filed on behalf of four Canadians who had participated in the peaceful Freedom Convoy protest in Ottawa in January and February 2022. They are Jeremiah Jost, a 28-year-old contractor and volunteer firefighter from Alberta; Edward Cornell, a 64-year-old retired military veteran from New Brunswick; Rev. Harold Ristau from Ontario, a former Canadian Armed Forces chaplain and retired officer with Canadian Special Operations Forces Command; and Vincent Gircys, a retired, decorated member of the Ontario Provincial Police.The Emergencies Act was invoked on February 14, 2022, by the Federal Cabinet to shut down the Freedom Convoy protest. Each of the plaintiffs suffered significant harm during the militaristic police crackdown that began on February 18, 2022. Two of the applicants represented by the Justice Centre had their bank accounts frozen and seized, without judicial authorization or a review process, under laws that normally apply only to terrorists and enemy nations.Edward Cornell said his experience having his bank accounts seized was traumatic. “I broke no law, yet the government seized my accounts and froze my hard-earned money. I am not a criminal. I am not a terrorist. I am a retired Canadian military veteran who honourably served his country… I feel betrayed by my own government,” he added.The Justice Centre provided lawyers for the peaceful protest in 2022, and since that time has provided lawyers to defend Chris Barber, Tamara Lich and other Canadians facing unjust criminal charges.Justice Centre President John Carpay stated, “This is a great victory for democracy, for Charter rights and freedoms, and for the rule of law.”

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COVID-19

Court compels RCMP and TD Bank to hand over records related to freezing of peaceful protestor’s bank accounts

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Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms announces that a judge of the Ontario Court of Justice has ordered the RCMP and TD Bank to produce records relating to the freezing of Mr. Evan Blackman’s bank accounts during the 2022 Freedom Convoy protest.

Mr. Blackman was arrested in downtown Ottawa on February 18, 2022, during the federal government’s unprecedented use of the Emergencies Act. He was charged with mischief and obstruction, but he was acquitted of these charges at trial in October 2023. 

However, the Crown appealed Mr. Blackman’s acquittal in 2024, and a new trial is scheduled to begin on August 14, 2025. 

Mr. Blackman is seeking the records concerning the freezing of his bank accounts to support an application under the Charter at his upcoming retrial.

His lawyers plan to argue that the freezing of his bank accounts was a serious violation of his rights, and are asking the court to stay the case accordingly.

“The freezing of Mr. Blackman’s bank accounts was an extreme overreach on the part of the police and the federal government,” says constitutional lawyer Chris Fleury.

“These records will hopefully reveal exactly how and why Mr. Blackman’s accounts were frozen,” he says.

Mr. Blackman agreed, saying, “I’m delighted that we will finally get records that may reveal why my bank accounts were frozen.” 

This ruling marks a significant step in what is believed to be the first criminal case in Canada involving a proposed Charter application based on the freezing of personal bank accounts under the Emergencies Act. 

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Alberta

COVID mandates protester in Canada released on bail after over 2 years in jail

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Chris Carbert (right) and Anthony Olienick, two of the Coutts Four were jailed for over two years for mischief and unlawful possession of a firearm for a dangerous purpose.

From LifeSiteNews

By Clare Marie Merkowsky

The “Coutts Four” were painted as dangerous terrorists and their arrest was used as justification for the invocation of the Emergencies Act by the Trudeau government, which allowed it to use draconian measures to end both the Coutts blockade and the much larger Freedom Convoy

COVID protestor Chris Carbert has been granted bail pending his appeal after spending over two years in prison.

On June 30, Alberta Court of Appeal Justice Jo-Anne Strekaf ordered the release of Chris Carbert pending his appeal of charges of mischief and weapons offenses stemming from the Coutts border blockade, which protested COVID mandates in 2022.

“[Carbert] has demonstrated that there is no substantial likelihood that he will commit a criminal offence or interfere with the administration of justice if released from detention pending the hearing of his appeals,” Strekaf ruled.

“If the applicant and the Crown are able to agree upon a release plan and draft order to propose to the court, that is to be submitted by July 14,” she continued.

Carbert’s appeal is expected to be heard in September. So far, Carbert has spent over two years in prison, when he was charged with conspiracy to commit murder during the protest in Coutts, which ran parallel to but was not officially affiliated with the Freedom Convoy taking place in Ottawa.

Later, he was acquitted of the conspiracy to commit murder charge but still found guilty of the lesser charges of unlawful possession of a firearm for a dangerous purpose and mischief over $5,000.

In September 2024, Chris Carbert was sentenced to six and a half years for his role in the protest. However, he is not expected to serve his full sentence, as he was issued four years of credit for time already served. Carbert is also prohibited from owning firearms for life and required to provide a DNA sample.

Carbert was arrested alongside Anthony Olienick, Christopher Lysak and Jerry Morin, with the latter two pleading guilty to lesser charges to avoid trial. At the time, the “Coutts Four” were painted as dangerous terrorists and their arrest was used as justification for the invocation of the Emergencies Act by the Trudeau government, which allowed it to use draconian measures to end both the Coutts blockade and the much larger Freedom Convoy occurring thousands of kilometers away in Ottawa.

Under the Emergency Act (EA), the Liberal government froze the bank accounts of Canadians who donated to the Freedom Convoy. Trudeau revoked the EA on February 23 after the protesters had been cleared out. At the time, seven of Canada’s 10 provinces opposed Trudeau’s use of the EA.

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