The Justice Centre for Constitutional Freedoms (JCCF) said Freedom Convoy protestor Christine DeCaire was acquitted by the Ontario Court of Justice on all charges against her. .“I feel very fortunate to have this dealt with and over already,” said DeCaire in a Monday press release. .The release said DeCaire was arrested in 2022 for allegedly standing on Nicholas Street in downtown Ottawa after the invocation of the Emergencies Act. It said she was charged with mischief, obstructing and resisting an officer in execution of his or her work, and disobeying a lawful order. .While she was arrested and charged, she stood by her right to be presumed innocent throughout — a presumption which the Crown failed to refute. She remained adamant she had committed no action to warrant an arrest. .Despite requesting a lawyer within minutes of her arrest, the release said none was provided to her. It said other people who had been arrested reported the same lack of access to legal representation and counsel. .Other detainees reported being processed in an assembly line and given no alternative but to sign an undertaking as a condition of their release from the processing facility. Evidence at her trial revealed no opportunity to speak to a lawyer was provided. .At the conclusion of the trial, the Ontario Court of Justice found the omission of legal advice was not a minor breach of her right to a lawyer guaranteed under the Canadian Charter of Rights and Freedoms. .The court found the evidence presented by the Crown against DeCaire failed to prove beyond a reasonable doubt the allegations of mischief and obstruction. Evidence corroborated by police witnesses indicated she had been cooperative throughout her arrest and detention. .She was acquitted on all charges on March 23. She expressed satisfaction with the decision, saying the result was “exactly what it should be.” .JCCF-funded lawyer Monick Grenier said the Charter “has not failed Canadians.” .“Canadians need to know their Charter rights, and they need to take all reasonable steps to ensure that they are respected — such as clearly asking to speak with a lawyer if arrested or detained,” said Grenier. .“While ignorance of the law is not a defence, ignorance of one’s Charter rights may be equally detrimental.” .The JCCF announced in December charges against Freedom Convoy protestor JW were dropped in November. .READ MORE: Charges against Freedom Convoy protestor dropped.“The right to peaceful protest is an integral part of democracy, which is why the right to peaceful assembly is guaranteed by the Charter,” said JCCF lawyer Henna Parmar. .JW was charged with interfering with the lawful use and enjoyment of property of downtown Ottawa residents, failure to obey a court order, and obstruction of justice for failing to identify himself to police. The court order he allegedly disobeyed was made under Ontario’s state of emergency to deal with the Windsor bridge blockades.
The Justice Centre for Constitutional Freedoms (JCCF) said Freedom Convoy protestor Christine DeCaire was acquitted by the Ontario Court of Justice on all charges against her. .“I feel very fortunate to have this dealt with and over already,” said DeCaire in a Monday press release. .The release said DeCaire was arrested in 2022 for allegedly standing on Nicholas Street in downtown Ottawa after the invocation of the Emergencies Act. It said she was charged with mischief, obstructing and resisting an officer in execution of his or her work, and disobeying a lawful order. .While she was arrested and charged, she stood by her right to be presumed innocent throughout — a presumption which the Crown failed to refute. She remained adamant she had committed no action to warrant an arrest. .Despite requesting a lawyer within minutes of her arrest, the release said none was provided to her. It said other people who had been arrested reported the same lack of access to legal representation and counsel. .Other detainees reported being processed in an assembly line and given no alternative but to sign an undertaking as a condition of their release from the processing facility. Evidence at her trial revealed no opportunity to speak to a lawyer was provided. .At the conclusion of the trial, the Ontario Court of Justice found the omission of legal advice was not a minor breach of her right to a lawyer guaranteed under the Canadian Charter of Rights and Freedoms. .The court found the evidence presented by the Crown against DeCaire failed to prove beyond a reasonable doubt the allegations of mischief and obstruction. Evidence corroborated by police witnesses indicated she had been cooperative throughout her arrest and detention. .She was acquitted on all charges on March 23. She expressed satisfaction with the decision, saying the result was “exactly what it should be.” .JCCF-funded lawyer Monick Grenier said the Charter “has not failed Canadians.” .“Canadians need to know their Charter rights, and they need to take all reasonable steps to ensure that they are respected — such as clearly asking to speak with a lawyer if arrested or detained,” said Grenier. .“While ignorance of the law is not a defence, ignorance of one’s Charter rights may be equally detrimental.” .The JCCF announced in December charges against Freedom Convoy protestor JW were dropped in November. .READ MORE: Charges against Freedom Convoy protestor dropped.“The right to peaceful protest is an integral part of democracy, which is why the right to peaceful assembly is guaranteed by the Charter,” said JCCF lawyer Henna Parmar. .JW was charged with interfering with the lawful use and enjoyment of property of downtown Ottawa residents, failure to obey a court order, and obstruction of justice for failing to identify himself to police. The court order he allegedly disobeyed was made under Ontario’s state of emergency to deal with the Windsor bridge blockades.
