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
Freedom Convoy’s Tamara Lich shares heartfelt letter from children: ‘God will be by your side’
From LifeSiteNews
Ahead of the announcement of the verdict from her trial in Canada, the Freedom Convoy co-leader posted on X the ‘beautiful letter’ from a 4-year-old and 8-year-old.
With a few weeks until a verdict is released, Freedom Convoy leader Tamara Lich shared a heartwarming letter she received from a child, who told her to “keep fighting” for everyone and that “God will protect” her from the “enemy.”
Lich shared an image of the letter Thursday on X, writing, “Feels like a good day to share this beautiful letter I received from some very wise children.”
The letter, which was handwritten and sent to Lich by 4-year-old Zavier and 8-year-old Alanis, has the title “God loves You.”
“Thank you for fighting for everyones FREEDOM. God will be by your side and God will protect you from the enemy,” the letter reads.
“With God everything is possible. Stay strong we are praying for you every step of the journey.”
Lich was arrested on February 17, 2022, in Ottawa. Co-leader Chris Barber was arrested the same day.
Lich and Barber’s trial concluded in September 2024, more than a year after it began. It was originally scheduled to last 16 days.
As reported by LifeSiteNews, Lich and Barber’s verdict will be announced on March 12.
They both face a possible 10-year prison sentence. LifeSiteNews reported extensively on their trial.
As reported by LifeSiteNews, Lich recently spelled out how much the Canadian government has spent prosecuting her and Barber for their role in the protests. She said at least $5 million in “taxpayer dollars” has been spent thus far, with her and Barber’s legal costs being above $750,000.
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, Prime Minister Justin Trudeau’s government enacted the never-before-used Emergencies Act (EA) on February 14, 2022.
During the clear-out of protesters after the EA was put in place, one protester, an elderly lady, was trampled by a police horse and one conservative female reporter was beaten by police and shot with a tear gas canister.
Trudeau revoked the EA on February 23.
The EA controversially allowed the government to freeze the bank accounts of protesters, conscript tow truck drivers, and arrest people for participating in assemblies the government deemed illegal.
From LifeSiteNews
Ontario Superior Court Justice Charles Hackland ruled that Pat King must serve three months of house arrest and dedicate 100 hours to community service for his participation in the 2022 Freedom Convoy
Freedom Convoy participant Pat King has been given a 3-month conditional sentence for his role in the 2022 Freedom Convoy protest against COVID mandates.
On February 19, Ontario Superior Court Justice Charles Hackland ruled that King must serve three additional months of house arrest and dedicate 100 hours to community service for his role in the Freedom Convoy. King’s sentence would have been 12 months, but the court gave him credit for time served prior to his trial.
“In the court’s opinion, there is a social harm to unduly elevating the sentencing rules of denunciation and deterrence in the context of political protests to result in punitive sentences at the top of the sentencing range,” Hackland wrote, explaining why he did not opt to sentence King to a whopping 10-year prison sentence, as the Crown prosecutors had advocated for.
“The risk is that an overly severe sentence of imprisonment in the context of legitimate, constitutionally protected activity can have the effect of creating a chill or fear of participation in political expression,” he continued.
In November, King was found guilty of two counts of disobeying a court order, one count of mischief, one count of counselling others to commit mischief, as well as one count of counselling others to obstruct police.
King’s charges are in relation to his role in the 2022 Freedom Convoy which featured thousands of Canadians camping out in downtown Ottawa to call for an end to the COVID regulations and vaccine mandates in place at the time.
Despite the peaceful nature of the protest, Prime Minister Justin Trudeau’s government enacted the Emergencies Act on February 14, 2022, to put an end to the popular convoy. Trudeau revoked the EA on February 23, but only after using the powers granted by the legislation to freeze the bank accounts of protesters, conscript tow truck drivers, and arrest people for participating in the assembly.
The two main Freedom Convoy leaders, Tamara Lich and Chris Barber, are still awaiting their verdicts for their involvement in the 2022 protests. Like King, if convicted, they face a maximum prison sentence of 10 years.
While some of the most notable people involved in the protest, like Lich and Barber, face a slew of charges that come with potentially harsh sentences, other protesters charged for participating have seen their charges dropped.
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