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Ottawa spent “excessive” $2.2 million fighting Emergencies Act challenge

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News release from the Canadian Constitution Foundation

Federal Court Justice Richard Mosley found in January that the February 2022 invocation of the Emergencies Act to deal with the Freedom Convoy protests was unreasonable because there was no national emergency nor threats to security of Canada as were required to invoke the Act.

The Canadian Constitution Foundation is shocked to learn that Ottawa spent more than $2 million of taxpayer funds unsuccessfully fighting the legal challenge launched by the CCF and others to the Trudeau government’s illegal invocation of the Emergencies Act in 2022.

The $2,231,000 figure was revealed by the Department of Justice in response to an inquiry from Conservative civil liberties critic Marilyn Gladu.

The hefty figure was first reported in the Globe and Mail. Experienced counsel told the Globe that the amount spent was “excessive.”

The number includes the cost that the government spent fighting the judicial review of the invocation decision in Federal Court. It does not include the cost of Ottawa’s appeal, which is proceeding at the Federal Court of Appeal.

Federal Court Justice Richard Mosley found in January that the February 2022 invocation of the Emergencies Act to deal with the Freedom Convoy protests was unreasonable because there was no national emergency nor threats to security of Canada as were required to invoke the Act.

Justice Mosley also found that regulations made as a result of the invocation violated freedom of expression because they captured people who “simply wanted to join in the protest by standing on Parliament Hill carrying a placard” and the right to be free from unreasonable searches and seizures because bank accounts were frozen without any sort of judicial pre-authorization.

CCF Litigation Director Joanna Baron was dismayed to learn how much Ottawa spent.

“Civil liberties groups like the CCF rely on regular Canadians who care about rights and freedoms to fund this type of public interest litigation,” she said.

“The fact that the government seems willing to spend whatever it takes to defend its unlawful decision shows what we’re up against when we fight to protect the constitution and the rule of law.”

The CCF is calling on the federal government to drop the appeal of Justice Mosley’s decision.

Canadians who agree with the decision are encouraged to sign the CCF’s online petition calling on the government to drop the appeal. The CCF is also asking Canadians to consider making a tax-deductible charitable donation to the CCF that will assist with fighting the appeal.

The CCF is represented by Sujit Choudhry of Haki Chambers and Janani Shanmuganathan of Goddard & Shanmuganathan.

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COVID-19

The Persecution of Canada’s “Other” Freedom Convoy Truckers

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While thousands of serious criminal cases across Canada are dropped merely due to delays, many Convoy-related prosecutions on trivial charges continue more than three-and-a-half years later. The cases of Freedom Convoy truckers (left to right) Bern Bueckert, Clayton McAllister and Csaba Vizi (whose Volvo is shown at bottom) are still not fully resolved. (Sources of photos: (top left and right) screenshots from documentary Unacceptable?; (top middle) ThankYouTruckers.Substack; (bottom) Donna Laframboise)

By Donna Laframboise

On September 8, three and a half years after the 2022 Freedom Convoy departed Ottawa, and five long, stressful months after his trial actually ended, Robert Dinel walked out of court a free man.

Dinel, a Quebec heavy equipment operator who’d behaved entirely peacefully during the protest over Covid restrictions, had been charged with mischief and obstruction of police. Court proceedings were repeatedly delayed — four times alone just this year — until judge Matthew Webber of the Ontario Court of Justice finally stayed the charges on the grounds that Dinel’s Charter rights to a timely trial had been violated.

For Dinel, it was a relief. For Canadians concerned about freedom and justice, his legal ordeal was yet another example of a system gone off the rails.

Most Canadians are aware of the trials of convoy leaders Tamara Lich and Chris Barber, which ended in conviction; they are to be sentenced in October. Few may realize that many more protestors were charged, most for the relatively innocuous infraction of mischief, and have had their cases drag on and on through the courts for more than three years.

The record of Canada’s legal system clearly shows that mischief charges are routinely withdrawn before scarce and expensive court time is expended on relative trivialities. But when it comes to the truckers, the Crown attorneys at the Ottawa courthouse – employees of the Government of Ontario, not the federal government – appear to have lost all perspective. They are on a mission. The sheer intensity of the prosecution of Convoy members looks less like the fair administration of justice than revenge upon people who dared protest the arbitrary and oppressive measures of the Covid years.

The initial police crackdown itself was a mess. Those arrested were passed from police officer to police officer. Officials writing up the paperwork had no direct knowledge of what had actually transpired; extra charges appear to have been tacked on willy nilly. In Dinel’s case, the prosecution doesn’t even know the identity of the tactical officer who pointed a gun at his head and hauled him out of his vehicle on February 18, 2022.

In a police processing trailer four hours after his arrest, Dinel received a medical assessment from a paramedic. Seated and hand-cuffed throughout, the five-foot-three Dinel calmly and repeatedly told police he was in no fit state to be making decisions and that he wanted to speak to a lawyer. “I want to know what I’m signing,” he insisted. But the police officers, who outnumbered him ten-to-one, kept pushing him to sign an undertaking that he wouldn’t return to the protest area. The fact he never got his phone call – that he was denied his Charter right “to retain and instruct [legal] counsel without delay” – should have stopped this case in its tracks. The Crown chose to pursue it, anyway.

A week after Dinel’s mother died in July 2023, he suffered the first of four strokes. In December 2023, one occurred in the courtroom. “My whole face just seized up,” he recalls. “I had another stroke. My whole face drooped, then the judge freaked right out.” An ambulance was summoned and his trial was adjourned. “I hate court,” says Dinel. “It’s hard, you know. It’s stressful, it’s exhausting.” Rather than staying the charges on  compassionate grounds, the prosecution continued, with Dinel accompanied by a service dog.

Nova Scotia trucker Guy Meister spent hours in the same paddy wagon as Dinel the day they were arrested. After travelling from his Nova Scotia home to Ottawa for court appearances more than a dozen times – at considerable expense – in May of this year Meister was found guilty of mischief, but not of obstructing police. In late July, he was sentenced to 20 hours of community service, six months’ probation, and ordered to pay a $100 victim surcharge.

The trial for Windsor, Ontario trucker Csaba Vizi began just this month, the same day Robert Dinel’s charges were stayed. Video broadcast around the world in February 2022 shows him being assaulted by multiple police officers after he’d exited his truck and knelt down in the snow with his hands behind his head. None of those officers were themselves charged following this violence. None were forced to raise tens of thousands in lawyers’ fees, as Vizi has. Even protesters who have endured the stress of a trial and been acquitted have still not always walked free and clear, because the Crown has often insisted on filing appeals. As a result, defence lawyers routinely advise Freedom Convoy protesters that their legal nightmare isn’t actually over until an additional 30 days have come and gone. In one instance, the Crown waited until the last afternoon of the last permissible day to file its appeal.

These are just a few examples of what’s been going on in Canada’s justice system, one already beset by long delays for cases involving far more serious crimes. Credible news reports suggest that the majority of criminal cases in Ontario aren’t even making it to trial, with sexual assault
charges dropped because of delays. Yet the Convoy prosecutions continue.

Many people insist Covid is over, that we should all move on. But the legal persecution of the truckers who bravely protested government overreach in the bitter winter of early 2022 is far from over.

Donna Laframboise is an independent journalist and photographer. A former vice-president of the Canadian Civil Liberties Association, she is the author of Thank You, Truckers! Canada’s Heroes & Those Who Helped Them.

The original, full-length version of this article was recently published in C2C Journal.

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COVID-19

Canada issues nationwide warrant for Freedom Convoy protester seeking asylum in the US

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From LifeSiteNews

By Anthony Murdoch

James Bauder reportedly fled to the United States in early August, claiming he faces political persecution by the Canadian government.

A judge issued a nationwide arrest warrant for a Canadian man seeking asylum in the United States who is facing five charges for his role in the 2022 Freedom Convoy against COVID mandates. 

James Bauder, 55, of Calgary, Alberta, was due to appear in an Ottawa courthouse on August 26 and 27. However, according to reports, he had already fled to the United States in early August. He has claimed he faces political persecution by the Canadian government.

The Democracy Fund (TDF), which is funding Bauder’s lawyers, Lawrence Greenspon and Eric Granger, was recently in court on his behalf. However, on August 31, Justice Kevin Phillips issued a Canada-wide warrant for Bauder’s arrest, as the court had demanded he be there in person despite his asylum claim status.

As noted by the TDF in a recent press release, Bauder says that he faces “political persecution by the Canadian government.”

According to reports, he filed an asylum claim in the United States on August 5. The TDF noted that under U.S. law, “if an asylum claimant returns to Canada while their U.S. asylum claim is pending, it may undermine the claim of persecution, thereby jeopardizing the asylum application.”

“Accordingly, on August 11, 2025, TDF lawyers brought an application to adjourn Mr. Bauder’s November criminal trial,” the TDF said.

Greenspon told the media last week that the “issue” is what would happen to Bauder should he “come back to Canada.”

“We know now, as of today, the first thing he’s going to be facing is an arrest warrant,” he said.

TDF litigation director Mark Joseph noted that this is an “extremely unusual case.”

“Though we respect the decision of the Court, our position is that Mr. Bauder should not be forced to choose between his right to a fair trial and the viability of his U.S. asylum claim.”

For his peaceful role in the 2022 protests in Ottawa, Bauder is facing a total of five criminal offenses, including mischief, counseling mischief, intimidation, counseling intimidation, and obstructing police. His criminal trial is to be held on November 10.

Bauder had founded Canada Unity, a group that called for an end to all COVID vaccine mandates as well as vaccine passports as a result of the 2022 Freedom Convoy protests.

He currently has a GiveSendGo campaign, which has raised US $13,380 as of publication.

Despite the peaceful nature of the 2022 Freedom Convoy, former Prime Minister Justin Trudeau and his Liberal government invoked the Emergencies Act to clear out protesters, an action a federal judge has since said was “not justified.” During the clear-out, an elderly lady was trampled by a police horse and many who donated to the cause had their bank accounts frozen.

The sentencing trial for Freedom Convoy leaders Tamara Lich and Chris Barber took place in July in a hearing. Earlier this year, they were found guilty of mischief in their roles in the 2022 convoy.

As reported by LifeSiteNews, Lich revealed that the Canadian federal government is looking to put her in jail for no less than seven years and Barber for eight years.

A sentencing hearing has been scheduled in their case for October 7 in Ottawa.

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