Ben Spicer, a participant in the 2022 Freedom Convoy protest in Ottawa, has had all charges against him dropped after an Ontario judge ruled that his Charter rights were violated during his arrest and detention. The charges, which included mischief, obstructing justice, and weapons possession, were dismissed by Justice Timothy Lipson on August 2.Spicer was arrested on February 19, 2022, near the intersection of Bank Street and Sparks Street in Ottawa. Police accused him of carrying a can of bear spray and a folding pocketknife, items Spicer explained were remnants from a recent hiking trip and had not been used during the protest. Officers searched his backpack and jacket after he was struck by police and detained.Crucially, a secret recording made by police while Spicer was in a police van became a central point of contention in the trial. Spicer was unaware that he was being recorded, as there were no signs indicating the recording, nor was he informed by officers. The Crown attempted to use the recording as evidence, arguing that Spicer had no reasonable expectation of privacy in the police vehicle and that the recording could suggest criminal activity.However, Lipson disagreed, ruling that Spicer did have a reasonable expectation of privacy, particularly as a detainee presumed innocent until proven guilty. As a result, the recording was excluded from the trial.The judge further found that Spicer's arrest was unlawful, determining that the police had no grounds for his detention and that they breached his Charter rights under sections 8, 9, and 10(b), which protect against unreasonable search and seizure, arbitrary detention, and the right to legal counsel, respectively. Consequently, the evidence obtained from the search of Spicer's belongings was also excluded.Lawyer Monick Grenier, who represented Spicer, expressed satisfaction with the ruling, stating, “I am very satisfied that the judge recognized serious breaches of Mr. Spicer’s section 8, 9, and 10(b) Charter rights, and excluded the evidence after conducting an analysis, effectively gutting the Crown’s case.”Ben Spicer thanked his legal team and the Justice Centre for Constitutional Freedoms, which funded his defenCe. “I am extremely grateful for everything that the Justice Centre and Ms. Grenier have done. I thank the Justice Centre for funding my defence, with particular thanks to all those who donated,” Spicer said.
Ben Spicer, a participant in the 2022 Freedom Convoy protest in Ottawa, has had all charges against him dropped after an Ontario judge ruled that his Charter rights were violated during his arrest and detention. The charges, which included mischief, obstructing justice, and weapons possession, were dismissed by Justice Timothy Lipson on August 2.Spicer was arrested on February 19, 2022, near the intersection of Bank Street and Sparks Street in Ottawa. Police accused him of carrying a can of bear spray and a folding pocketknife, items Spicer explained were remnants from a recent hiking trip and had not been used during the protest. Officers searched his backpack and jacket after he was struck by police and detained.Crucially, a secret recording made by police while Spicer was in a police van became a central point of contention in the trial. Spicer was unaware that he was being recorded, as there were no signs indicating the recording, nor was he informed by officers. The Crown attempted to use the recording as evidence, arguing that Spicer had no reasonable expectation of privacy in the police vehicle and that the recording could suggest criminal activity.However, Lipson disagreed, ruling that Spicer did have a reasonable expectation of privacy, particularly as a detainee presumed innocent until proven guilty. As a result, the recording was excluded from the trial.The judge further found that Spicer's arrest was unlawful, determining that the police had no grounds for his detention and that they breached his Charter rights under sections 8, 9, and 10(b), which protect against unreasonable search and seizure, arbitrary detention, and the right to legal counsel, respectively. Consequently, the evidence obtained from the search of Spicer's belongings was also excluded.Lawyer Monick Grenier, who represented Spicer, expressed satisfaction with the ruling, stating, “I am very satisfied that the judge recognized serious breaches of Mr. Spicer’s section 8, 9, and 10(b) Charter rights, and excluded the evidence after conducting an analysis, effectively gutting the Crown’s case.”Ben Spicer thanked his legal team and the Justice Centre for Constitutional Freedoms, which funded his defenCe. “I am extremely grateful for everything that the Justice Centre and Ms. Grenier have done. I thank the Justice Centre for funding my defence, with particular thanks to all those who donated,” Spicer said.
