COVID-19
Court strikes secret police recording from trial and dismisses all charges against protestor
From the Justice Centre for Constitutional Freedoms
The Justice Centre for Constitutional Freedoms is pleased to announce that all charges against peaceful Freedom Convoy protestor Ben Spicer have been dropped. Mr. Spicer was arrested in Ottawa on February 19, 2022, and charged with mischief, obstructing justice, and weapons charges. In his decision, Justice Timothy Lipson ruled that a secret recording of Mr. Spicer violated his Charter rights.
Like thousands of other Canadians, Mr. Spicer attended the peaceful Freedom Convoy protest in the nation’s capital. He was standing near the intersection of Bank Street and Sparks Street when police struck him at least twice in the midsection. An officer pulled him off the ground and handed him over to another officer. His backpack and jacket were searched, revealing a can of bear spray and a folding pocketknife. He explained that these were from a recent hiking trip. He had not taken the items out of his backpack or jacket at any time during the protest.
Officers loaded Mr. Spicer into a police van – equipped with a video and audio recording device. Mr. Spicer was not aware that he was being recorded. There were no signs, and he was not told by the officers. At no point was Mr. Spicer able to access legal counsel.
His trial proceeded at the Ontario Court of Justice from November 6 to 8, 2023, and again from April 16 to 18, 2024. The Crown tried to submit the recording as evidence against Mr. Spicer. They argued that the Court should infer criminal activity from the contents of the recording and that Mr. Spicer had no reasonable expectation of privacy in a police vehicle. Mr. Spicer’s defence counsel disagreed. To rule that a detainee has no reasonable expectation of privacy while in police custody would be to favour the outcomes of law enforcement without any proper regard for the rights of detainees. His defence also argued that there was no evidence of criminal activity against Mr. Spicer and that his arrest was, therefore, unlawful.
On August 2, 2024, Justice Lipson ruled that Mr. Spicer had a reasonable expectation of privacy while in custody, especially since Mr. Spicer is presumed innocent until proven guilty. Because Justice Lipson found that the secret recording violated Mr. Spicer’s privacy rights, the recording was excluded as evidence from the trial.
Justice Lipson also found that police had no grounds for the arrest. Indeed, police had breached his right not to be arbitrarily detained or imprisoned – protected by section 9 of the Canadian Charter of Rights and Freedoms.
Because his arrest was unlawful, Justice Lipson ruled that the search of his backpack and jacket was also unlawful and excluded the contents as evidence as well. All Canadians have the right to be secure against unreasonable search and seizure – protected by section 8 of the Charter. Finally, Justice Lipson found that police had breached his right to retain and instruct counsel without delay – protected by section 10(b) of the Charter. All charges against Mr. Spicer were dismissed.
Lawyer Monick Grenier stated, “I am very satisfied that the judge recognized serious breaches of Mr. Spicer’s section 8, 9, and 10(b) Charter rights, and excluded the evidence after conducting an analysis, effectively gutting the Crown’s case.”
Mr. Spicer stated, “I am extremely grateful for everything that the Justice Centre and Ms. Grenier has done. I thank the Justice Centre for funding my defence, with particular thanks to all those who donated.”
From LifeSiteNews
A judge ruled that the Ontario Court of Justice is already ‘satisfied’ with Chris Barber’s sentence and taking away his very livelihood would be ‘disproportionate.’
A Canadian judge has dismissed a demand from Canadian government lawyers to seize Freedom Convoy leader Chris Barber’s “Big Red” semi-truck.
On Friday, Ontario Court of Justice Judge Heather Perkins-McVey denied the Crown’s application seeking to forfeit Barber’s truck.
She ruled that the court is already “satisfied” with Barber’s sentence and taking away his very livelihood would be “disproportionate.”
“This truck is my livelihood,” said Barber in a press release sent to LifeSiteNews.
“Trying to permanently seize it for peacefully protesting was wrong, and I’m relieved the court refused to allow that to happen,” he added.
Criminal defense lawyer Marwa Racha Younes was welcoming of the ruling as well, stating, “We find it was the right decision in the circumstances and are happy with the outcome.”
John Carpay, president of the Justice Centre for Constitutional Freedoms (JCCF), said the decision is “good news for all Canadians who cherish their Charter freedom to assemble peacefully.”
READ: Freedom Convoy protester appeals after judge dismissed challenge to frozen bank accounts
“Asset forfeiture is an extraordinary power, and it must not be used to punish Canadians for participating in peaceful protest,” he added in the press release.
As reported recently by LifeSiteNews, the Canadian government claimed that Barber’s truck is an “offence-related property” relating to his involvement in the 2022 protests against Canada’s COVID mandates.
At this time, the court ruling ends any forfeiture proceedings for the time being, however Barber will continue to try and appeal his criminal conviction and house arrest sentence.
Barber’s truck, a 2004 Kenworth long-haul he uses for business, was a focal point in the 2022 protests. He drove it to Ottawa, where it was parked for an extended period of time, but he complied when officials asked him to move it.
On October 7, 2025, after a long trial, Ontario Court Justice Perkins-McVey sentenced Barber and Tamara Lich, the other Freedom Convoy leader, to 18 months’ house arrest. They had been declared guilty of mischief for their roles as leaders of the 2022 protest against COVID mandates, and as social media influencers.
Lich and Barber have filed appeals of their own against their house arrest sentences, arguing that the trial judge did not correctly apply the law on their mischief charges.
Government lawyers for the Crown have filed an appeal of the acquittals of Lich and Barber on intimidation charges.
The pair’s convictions came after a nearly two-year trial despite the nonviolent nature of the popular movement.
From LifeSiteNews
Protestor Evan Blackman’s legal team argues Trudeau’s Emergencies Act-based bank account freezes were punitive state action tied directly to protest participation.
A Freedom Convoy protester whose bank accounts were frozen by the Canadian government says a judge erred after his ruling did not consider the fact that the funds were frozen under the Emergencies Act, as grounds for a stay of proceedings.
In a press release sent out earlier this week, the Justice Centre for Constitutional Freedoms (JCCF) said that Freedom Convoy protestor Evan Blackman will challenge a court ruling in his criminal case via an appeal with the Ontario Superior Court of Justice.
“This case raises serious questions about how peaceful protest is treated in Canada and about the lasting consequences of the federal government’s unlawful use of the Emergencies Act,” noted constitutional lawyer Chris Fleury. “The freezing of protestors’ bank accounts was part of a coordinated effort to suppress dissent, and courts ought to be willing to scrutinize that conduct.”
Blackman was arrested on February 18, 2022, during the police crackdown on Freedom Convoy protests against COVID restrictions, which was authorized by the Emergencies Act (EA). The EA was put in place by former Prime Minister Justin Trudeau’s Liberal government, which claimed the protests were violent, despite no evidence that this was the case.
Blackman’s three bank accounts with TD Bank were frozen due to his participation in the Freedom Convoy, following a directive ordered by Trudeau.
As reported by LifeSiteNews, in November of this year, Blackman was convicted at his retrial even though he had been acquitted at his original trial. In 2023, Blackman’s “mischief” and “obstructing police” charges were dismissed by a judge due to lack of evidence and the “poor memory of a cop regarding key details of the alleged criminal offences.”
His retrial resulted in Blackman getting a conditional discharge along with 12 months’ probation and 122 hours of community service, along with a $200 victim fine surcharge.
After this, Blackman’s application for a stay of proceedings was dismissed by the court. He had hoped to have his stay of proceedings, under section 24(1) of the Charter of Rights and Freedoms, allowed. However, the judge ruled that the freezing of his bank accounts was legally not related to his arrest, and because of this, the stay of proceedings lacked standing.
The JCCF disagreed with this ruling, noting, it “stands in contrast to a Federal Court decision finding that the government’s invocation of the Emergencies Act was unreasonable and violated Canadians’ Charter rights, including those targeted by the financial measures used against Freedom Convoy protestors.”
As of press time, a hearing date has not been scheduled.
In 2024, Federal Court Justice Richard Mosley ruled that Trudeau was “not justified” in invoking the Emergencies Act.
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 federal government enacted the EA in mid-February.
After the protesters were cleared out, which was achieved through the freezing of bank accounts of those involved without a court order as well as the physical removal and arrest of demonstrators, Trudeau revoked the EA on February 23, 2022.
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