The Democracy Fund (TDF) has won an appeal for a man who received a criminal record over the Ambassador Bridge Blockade in Windsor in 2022. Ambassador Bridge Blockade protestor Theodorus DeBoer pleaded guilty to one count of mischief for obstructing traffic leading up to it in November, according to a Tuesday press release. As part of a plea deal TDF lawyers negotiated, it said the Crown attorney agreed to drop the more serious charge of disobeying a court order. The Crown attorney and the defence lawyer made a joint submission on sentencing, asking the judge to discharge DeBoer with conditions as opposed to any sentence carrying a criminal record. However, the judge rejected the recommendation from the lawyers and imposed a suspended sentence, which involves probation and a criminal record.TDF Litigation Director Alan Honner said judges are required to give way to joint submissions except in rare circumstances where the proposed sentence would bring the administration of justice into disrepute or be contrary to the public interest.The appeals court agreed with Honner’s submission that the judge erred by applying the wrong legal test with DeBoer. It varied the sentence to bring it into conformity with the original joint submission, so the criminal record was expunged. TDF was involved in defending the rights of Ambassador Bridge Blockade protestors. It sent lawyers to Windsor to provide summary legal advice to protestors, made legal submissions about the parameters of the Ontario Superior Court of Justice injunction that prohibited anyone from blockading it, and represented a dozen protestors charged for it. With this successful appeal, TDF said not one client ended up with a criminal record.An Ontario Crown attorney withdrew all criminal charges against Ambassador Bridge Blockade leader William Laframboise in March. READ MORE: Last charges finally dropped on 2022 protests at Ambassador BridgeWhile the Crown attorney stated there were triable issues, he explained to the court it was not in the public interest to prosecute Laframboise because of the evidentiary challenges of the case and other serious matters that were vying for trial time in a backlogged court system.Honner stood beside Laframboise as the charges were withdrawn before the judge.
The Democracy Fund (TDF) has won an appeal for a man who received a criminal record over the Ambassador Bridge Blockade in Windsor in 2022. Ambassador Bridge Blockade protestor Theodorus DeBoer pleaded guilty to one count of mischief for obstructing traffic leading up to it in November, according to a Tuesday press release. As part of a plea deal TDF lawyers negotiated, it said the Crown attorney agreed to drop the more serious charge of disobeying a court order. The Crown attorney and the defence lawyer made a joint submission on sentencing, asking the judge to discharge DeBoer with conditions as opposed to any sentence carrying a criminal record. However, the judge rejected the recommendation from the lawyers and imposed a suspended sentence, which involves probation and a criminal record.TDF Litigation Director Alan Honner said judges are required to give way to joint submissions except in rare circumstances where the proposed sentence would bring the administration of justice into disrepute or be contrary to the public interest.The appeals court agreed with Honner’s submission that the judge erred by applying the wrong legal test with DeBoer. It varied the sentence to bring it into conformity with the original joint submission, so the criminal record was expunged. TDF was involved in defending the rights of Ambassador Bridge Blockade protestors. It sent lawyers to Windsor to provide summary legal advice to protestors, made legal submissions about the parameters of the Ontario Superior Court of Justice injunction that prohibited anyone from blockading it, and represented a dozen protestors charged for it. With this successful appeal, TDF said not one client ended up with a criminal record.An Ontario Crown attorney withdrew all criminal charges against Ambassador Bridge Blockade leader William Laframboise in March. READ MORE: Last charges finally dropped on 2022 protests at Ambassador BridgeWhile the Crown attorney stated there were triable issues, he explained to the court it was not in the public interest to prosecute Laframboise because of the evidentiary challenges of the case and other serious matters that were vying for trial time in a backlogged court system.Honner stood beside Laframboise as the charges were withdrawn before the judge.
