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Veteran appeals conviction for trying to guard War Memorial during Freedom Convoy
From LifeSiteNews
A Canadian veteran is appealing his conviction for mischief and obstructing police, saying his arrest for guarding the National War Memorial during the 2022 Freedom Convoy was arbitrary and unjustified.
A Canadian veteran has appealed his conviction for seeking to guard the National War Memorial during the Freedom Convoy.
On July 16, Ottawa Superior Court of Justice heard an appeal from 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.
“The actions of the Ottawa police in locking down downtown Ottawa and preventing all civilians from accessing public areas greatly exceeded their powers,” constitutional lawyer Chris Fleury said in a Justice Centre for Constitutional Freedoms (JCCF) press release.
“Mr. Evely’s arrest for simply being inside of the locked-down area was arbitrary and unjustified,” he added.
The details of Evely’s appeal have not yet been made public.
In September 2024, Everly was convicted of mischief and obstruction following 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.
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 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.”
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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