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Court strikes secret police recording from trial and dismisses all charges against protestor

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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.”

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Canadian veteran challenges conviction for guarding War Memorial during Freedom Convoy

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From LifeSiteNews

By Clare Marie Merkowsky

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.

A Canadian veteran appealed to the Ontario courts after he was convicted for organizing a guard around the National War Memorial during the Freedom Convoy.

In an October press release, the Justice Centre for Constitutional Freedoms (JCCF) announced that an appeal has been filed in the Ontario Court of Appeals on behalf of Master Warrant Officer (Ret’d) Jeffrey Evely over his conviction for mischief and obstructing police while on his way to guard the Ottawa War Memorial during the 2022 Freedom Convoy.

“By locking down large sections of downtown Ottawa, the police were effectively preventing all civilians from accessing public areas and greatly exceeded their powers under the common law,” constitutional lawyer Chris Fleury explained.

“This case raises issues that have implications for protests across the province and the country. We are hopeful that the Ontario Court of Appeal will agree and grant leave to appeal,” he added.

The appeal argues that police overstepped their authority in their response to the 2022 protest of COVID mandates. Police actions at the time included locking down the Ottawa core, establishing checkpoints, and arresting protesters.

In September 2024, Everly was convicted of mischief and obstruction after his involvement in the 2022 Freedom Convoy, which protested COVID mandates by gathering Canadians in front of Parliament in Ottawa.

As LifeSiteNews previously reported, 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 former 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.

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 shot 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.”

Earlier this month, Freedom Convoy organizers Tamara Lich and Chris Barber were sentenced to 18-month house arrest after a harrowing 25-month trial process. Many have condemned the sentence, warning it amounts to “political persecution” of those who stand up to the Liberal government.

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Freedom Convoy leader Tamara Lich says ‘I am not to leave the house’ while serving sentence

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From LifeSiteNews

By Anthony Murdoch

‘I was hoping to be able to drop off and pick up my grandsons from school, but apparently that request will have to go to a judge’

Freedom Convoy leader Tamara 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.

Lich wrote in a X post on Wednesday that this past Tuesday was her first meeting with her probation officer, whom she described as “fair and efficient,” adding that she was handed the conditions set out by the judge.

I was hoping to be able to drop off and pick up my grandsons from school, but apparently that request will have to go to a judge under a variation application, so we’ll just leave everything as is for now,” she wrote.

Lich noted that she has another interview with her probation officer next week to “assess the level of risk I pose to re-offend.”

“It sounds like it’ll basically be a questionnaire to assess my mental state and any dangers I may pose to society,” she said.

While it is common for those on house arrest to have to ask for permission to leave their house, sometimes arrangements can be made otherwise.

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 convicted 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.

Lich said that her probation officer “informed me of the consequences should I breach these conditions, and I am not to leave the house, even for the approved ‘necessities of life’ without contacting her to let her know where I’ll be and for how long,” she wrote.

“She will then provide a letter stating I have been granted permission to be out in society. I’m to have my papers on my person at all times and ready to produce should I be pulled over or seen by law enforcement out and about.”

Lich said that the probation officer did print a letter “before I left, so I could stop at the optometrist and dentist offices on my way home.”

She said that her official release date is January 21, 2027, which she said amounts to “1,799 days after my initial arrest.”

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.

LifeSiteNews reported that Conservative Party leader Pierre Poilievre offered his thoughts on the sentencing, wishing them a “peaceful” life while stopping short of blasting the sentence as his fellow MPs did.

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 government enacted the never-before-used Emergencies Act (EA) on February 14, 2022.

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