COVID-19
Canadian veteran on trial for trying to guard war memorial during Freedom Convoy
From LifeSiteNews
Canadian Armed Forces veteran Jeff Evely was on his way for his shift standing guard at the War Memorial when he was arrested by police for entering a closed off area at the 2022 Freedom Convoy.
A Canadian Armed Forces (CAF) veteran is on trial for mischief and obstruction charges after he was forcibly detained at the 2022 Freedom Convoy.
According to a press release from the Justice Centre for Constitutional Freedoms (JCCF), the trial for CAF veteran Jeff Evely continued Tuesday. Evely is charged with mischief and obstructing police. He was arrested while on his way to guard the Ottawa War Memorial during the 2022 Freedom Convoy.
“The actions of the Ottawa police in locking down downtown Ottawa and preventing all civilians from accessing public areas greatly exceeded their powers under the common law,” JCCF lawyer Chris Fleury said of the case.
“Mr. Evely’s arrest for simply being inside of the locked down area was arbitrary,” he insisted.
According to the JCCF press release, 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 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.
As Evely walked to the memorial, he was allegedly told to stop by police. According to the police, Evely “ran for a short distance before being confronted by two additional police officers.”
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 vaccine 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.”
Evely is hardly the only Canadian to be facing charges following the Freedom Convoy. Earlier this month, two men linked to the 2022 Freedom Convoy-inspired border blockade protest in Coutts, Alberta, Anthony Olienick and Chris Carbert, were acquitted of charges of conspiracy to commit murder, but not before being jailed and denied bail for over two years.
From LifeSiteNews
The Crown’s appeal claims the judge made a mistake in her verdict on the intimidation charges, and also in how she treated aggravating and mitigating factors regarding sentencing.
Government lawyers for the Crown have filed an appeal the acquittals of Freedom Convoy leaders Tamara Lich and Chris Barber on intimidation charges.
The Crown also wants their recent 18-month conditional sentence on mischief charges replaced with harsher penalties, which could include possible jail time.
According to the Justice Centre for Constitutional Freedoms (JCCF), it is “asking the Ontario Court of Appeal to enter a conviction on the intimidation charge or order a new trial on that count,” for Barber’s charges.
Specifically, the Crown’s appeal claims that the judge made a mistake in her verdict on the intimidation charges, and also in how she treated aggravating and mitigating factors regarding sentencing.
As reported by LifeSiteNews, both 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.
Barber’s lawyer, Diane Magas, said that her client “relied in good faith on police and court direction during the protest. The principles of fairness and justice require that citizens not be punished for following the advice of authorities. We look forward to presenting our arguments before the Court.”
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 of “mischief.”
Lich was given 18 months less time already spent in custody, amounting to 15 1/2 months.
Lich and Barber were declared guilty of mischief for their roles as leaders of the protest against COVID mandates in April 2022, and as social media influencers. The conviction came after a nearly two-year trial despite the non-violent nature of the popular movement.
The Lich and Barber trial concluded in September 2024, more than a year after it began. It was originally scheduled to last 16 days.
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.
LifeSiteNews recently reported that Lich detailed her restrictive house arrest conditions, revealing she is “not” able to leave her house or even pick up her grandchildren from school without permission from the state.
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.
From LifeSiteNews
Lawyers will argue that there is no evidence linking Tamara Lich ‘to the misdeeds of others.’
Freedom Convoy leader Tamara Lich said she will appeal her recent mischief conviction in an Ontario court, with her lawyers saying “there was no evidence linking her to the misdeeds of others.”
In a press release late yesterday, Lich’s legal team, headed by Lawrence Greenspon, Eric Granger, and Hannah Drennan, made the announcement.
“Lawyers for Tamara Lich filed Notice of Appeal in the Ontario Court of Appeal of the conviction for mischief arising out of the Freedom Convoy,” the release stated.
Lich’s legal team noted that there are two reasons for the principal grounds of appeal.
“While there was substantial evidence that Tamara encouraged the protesters to be peaceful, lawful and safe, there was no evidence linking her to the misdeeds of others,” they said.
The second reason for the appeal, according to Lich’s lawyers, is that the “trial judge failed to give effect to the principle that communication that would otherwise be mischief is protected by section 2(b) of the Charter, freedom of expression.”
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 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.
Interestingly, Perkins-McVey said about Lich and Barber during the sentencing, “They came with the noblest of intent and did not advocate for violence.”
As reported by LifeSiteNews, Lich, reflecting on her recent sentencing of over a year’s house arrest for her role in the 2022 Freedom Convoy, laid bare the fact that when all is said in done, seven years of her life will have been spent in a government-imposed “lockdown” in one form or another.
LifeSiteNews recently reported that 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.
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.
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