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Charges against Parliament Hill’s “Peace Man” withdrawn

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News release from The Justice Centre for Constitutional Freedoms

He brought no vehicle and blocked no roads…. he was in the nation’s capital to encourage dialogue between the government and protestors.

The Justice Centre is pleased to announce that the charges against Dana-Lee Melfi, popularly known as “Peace Man,” were withdrawn on January 23, 2024.   The federal government invoked the Emergencies Act on February 14, 2022. Mr. Melfi, who was in the nation’s capital during the Freedom Convoy protest, was arrested on February 19, 2022, during the police crackdown on protestors. He was charged with mischief, mischief to property, disobeying a lawful order, and obstructing justice.  Peace Man was conspicuous in the crowd with his striking appearance. His flowing, grey hair and beard, sunglasses, and cameras drew significant media attention. Each day he would take up a peaceful stance near Parliament Hill, either draped in or carrying a large Canadian flag, to greet passersby with the two-fingered peace sign. He brought no vehicle and blocked no roads. He had said in various media interviews, with outlets like Canadian PressNew York TimesWashington PostEpoch Times, and many independent media, that he was in the nation’s capital to encourage dialogue between the government and protestors. Mr. Melfi’s trial was scheduled for the week of January 22, 2024. Just days prior to the trial, a large number of social media videos were disclosed by the Crown as evidence against Mr. Melfi. Mr. Melfi’s lawyer, Monick Grenier, notified the Crown that she was contemplating filing a Late Disclosure Application if she was not successful in having the evidence excluded. Ms. Grenier was prepared to appeal to Section 24(2) of the Canadian Charter of Rights and Freedoms, which requires courts to exclude evidence from a trial if it can be established that its admission would bring the administration of justice into disrepute. She also raised the possibility of filing a Jordan Application, which protects Canadians from unreasonable trial delays.   Adding to this complexity, the parties were advised the week before the trial that the Court was double booked. Mr. Melfi would not have been at fault for either potential delay. In 2016, the Supreme Court of Canada ruled that trials must be heard within 18 months of charges being laid in accordance with the Chartersection 11(b) right of Canadians “to be tried within a reasonable time.” What is commonly referred to as the “Freedom Convoy” protest has since, in fact, been recognized in another court proceeding as a combination of as many as 13 different protests. Mr. Melfi always considered himself to be carrying out his own personal protest.   Monick Grenier, counsel for Mr. Melfi, stated, “My client stood in peace throughout the protest. After his arrest, Mr. Melfi was set to advance breaches of his rights under sections 8, 9 and 10 of the Canadian Charter of Rights and Freedoms. We are pleased with this outcome. “

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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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