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Charges against couple who refused to quarantine withdrawn

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With permission from the Justice Centre for Constitutional Freedoms

 

MISSISSAUGA, ON: The Justice Centre for Constitutional Freedoms is pleased to announce that the charges against an Ontario couple who refused to stay in a quarantine hotel have been withdrawn by Crown prosecutors.

Audrey and Douglas Davies departed Canada for Florida in January 2021. On June 26, 2021, they returned to Canada through the Toronto Pearson International Airport but were charged with breaching the Quarantine Act for refusing to stay in a quarantine hotel. Mr. and Mrs. Davies immediately completed a form on the reverse of their ticket, requesting an early resolution meeting with prosecutors.

It was not until June 2, 2023 (almost 24 months later), that a notice of an early resolution meeting was signed by the Court Clerk of the Ontario Court of Justice. The early resolution meeting occurred on July 20, 2023. At the meeting, the Davies’ lawyer expressed concern with the delay, citing Section 11(b) of the Canadian Charter of Rights and Freedoms, which states that “[a]ny person charged with an offence has the right to be tried within a reasonable time.” The Crown nonetheless insisted on prosecuting the case.

According to the Supreme Court of Canada’s decision in R v. Jordan, trials for cases in Provincial Courts must be completed within 18 months of charges being laid. If trials are not completed within 18 months, prejudice is assumed, and a stay of charges will result, barring exceptional circumstances or delays caused by the accused. From approximately March 2020 to April 2022, however, the division of the Ontario Provincial Court dealing with the Provincial Offences Act was closed to in-person proceedings, even though other divisions of Provincial Courts had been open. Remarkable and lengthy closures like those affecting the Davies were considered to be “exceptional circumstances” and did not, therefore, count toward the 18-month threshold.

On August 14, 2023, lawyer Chris Fleury sent a letter to the Crown, reiterating the Davies’ concerns regarding the delay and demanding that the matter move forward as quickly as possible. On August 30, 2023, the Crown informed Mr. Fleury that the charges against Mr. and Mrs. Davies had been withdrawn.

Lawyer Chris Fleury, whose efforts on behalf of Mr. and Mrs. Davies have been supported by the Justice Centre, stated, “This is a bittersweet result for the Davies. It is an excellent outcome for them personally. But, it is frustrating for Canadians who will not get to challenge Ontario’s decision to keep Provincial Offences Courts closed, while all other Ontario courts were open. We were looking forward to challenging established case law and ensuring that section 11(b) of the Charter is enforced consistently across the Provincial Courts.”

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Judge denies Canadian gov’t request to take away Freedom Convoy leader’s truck

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From LifeSiteNews

By Anthony Murdoch

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.

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.

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Freedom Convoy protester appeals after judge dismissed challenge to frozen bank accounts

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From LifeSiteNews

By Anthony Murdoch

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.”

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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