COVID-19
Disciplined Police Officer Asks Court To Reverse Violation Of His Privacy And Freedom Of Expression
 
																								
												
												
											News release from the Justice Centre for Constitutional Freedoms
The Justice Centre for Constitutional Freedoms announces that Constable Michael Brisco has asked the Ontario Divisional Court in Toronto to review a charge of discreditable conduct for donating $50 to the peaceful Freedom Convoy protest in Ottawa in 2022.
Constable Brisco was on unpaid leave due to the Windsor Police Service’s (WPS) vaccine mandate when, on February 8, 2022, he exercised his freedoms of expression and association by donating $50 to the 2022 Freedom Convoy protest via GiveSendGo. He did so privately and without mentioning his capacity as police officer.
Before the donation had reached Freedom Convoy recipients, a court order froze the GiveSendGo account. Shortly after the freeze, GiveSendGo’s website was hacked. Donor information was leaked to the public. On February 16, the Ontario Provincial Police obtained the leaked information and, despite knowing that the information had been illegally hacked, relayed that information to various police services around the province. Nothing in the leaked information identified Constable Brisco as a police officer. However, his name surfaced when the stolen database was cross-referenced with a police members database. He was called in for an interview with a WPS investigator and was required to answer the investigator’s questions about the donation pursuant to the Police Services Act.
The WPS charged Constable Brisco with discreditable conduct and eventually summoned him to a Discipline Hearing. The case against him was motivated by the assumption that he had contributed to an illegal protest. In support of the claim that the protest had been illegal, however, the WPS presented nothing more than the contents of newspaper reports, citing the opinions of the Prime Minister, the Premier of Ontario, and the (then) Ottawa Police Chief.
The prosecution made submissions about the Ambassador Bridge protest, trying to tie it to the Freedom Convoy protest in Ottawa. Trucks had parked on the bridge between Windsor and Detroit in a separate protest against Covid restrictions. The implication was that Constable Brisco’s donation supported the bridge blockade in Windsor. But there was no financial or even organizational connection between the Freedom Convoy in Ottawa and the Ambassador Bridge protest. Furthermore, Constable Brisco stated his donation was intended for the protest in Ottawa, not for the protest in Windsor. Nevertheless, on March 24, 2023, after a six-day hearing before a Hearing Officer, Brisco was found guilty of discreditable conduct. On May 18, 2023, he was fined the equivalent of two-weeks’ pay.
That decision was appealed on June 14, 2023, but it was upheld by the Ontario Civilian Police Commission in February 2024. In response to this decision, lawyers provided by the Justice Centre have assisted Constable Brisco in applying for a judicial review – a process by which courts make sure that the decisions of administrative bodies (e.g., the Windsor Police Service) are fair, reasonable, and lawful.
With assistance from the Justice Centre, Constable Brisco continues to stand up for his Charter-protected freedom of expression. He made a private political donation and did not identify himself as a police officer. Like other Canadians, police officers enjoy Charter freedoms and can express themselves within reason. Canadians should not be punished for expressing their political views, especially when evidence against them is obtained by unlawful means.
Darren Leung, one of the lawyers for Constable Brisco, stated, “It was unfortunate that private donor information was unlawfully accessed. It is outrageous that the Ontario Provincial Police obtained this information to assist in persecuting police officers who were exercising their right to free expression. The evidence used to convict Constable Brisco amounted to nothing more than opinions from people who did not like the message. We are hopeful that the Divisional Court will see that the entire conviction was unreasonable.”
Constable Brisco, a highly trained and respected police officer of 15 years, is now back on active duty.
COVID-19
Canadian veteran challenges conviction for guarding War Memorial during Freedom Convoy
 
														From LifeSiteNews
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.
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.”
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.
COVID-19
Freedom Convoy leader Tamara Lich says ‘I am not to leave the house’ while serving sentence
 
														From LifeSiteNews
‘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.
Interestingly, Perkins-McVey said about Lich and Barber during the sentencing, “They came with the noblest of intent and did not advocate for violence.”
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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