Prosecutors have withdrawn criminal charges against The Democracy Fund (TDF) client James Hearn, who was charged after he filmed the outside of a Toronto police station from a city sidewalk. Hearn was arrested after a police officer claimed to feel "harassed and intimidated" by his conduct.Hearn operates a YouTube channel called Ontario Audit, where he posts videos of his interactions with police and other government officials. According to Hearn, he's had "bad interactions with law enforcement" and now seeks to hold government officials to account by exposing good and bad actors. To date, his videos have over one million views. .Hearn was charged in January 2024 after the police officer demanded to know who he was and what he was doing. Hearn refused to answer and was subsequently arrested, charged, and held for bail. In the process, Hearn was searched and his recording equipment was seized, including the smartphone which captured the interaction between Hearn and the complainant police officer.Hearn’s charges were withdrawn on June 19 after the prosecution cited no reasonable prospect of conviction. Despite the successful resolution for Hearn and the fact that there is no prospect of an appeal, police have not yet responded to multiple requests for the return of Hearn’s recording equipment.TDF lawyers were able to secure a withdrawal. However, for Hearn, the "process is the punishment:" he experienced the indignity of arrest and the loss of liberty associated with his temporary detention and restrictive bail conditions.Hearn is fighting back in a personal capacity by privately hiring legal counsel to sue the police for assault, false imprisonment, and various bad faith Charter breaches. In a notice letter to the Toronto Police Services Board, Hearn’s lawyer, Alan Honner, says his client was arrested on "spurious" grounds and that the police charged Hearn because he "refused to comply with the demands of an errant police officer."The last favorable result for a TDF client, publicized June 28, was a withdrawal of all criminal charges against William Dalton, who participated in the 1 Million March 4 Children in Ottawa in October 2023. Dalton was subjected to multiple asings after being subdued during the peaceful protest. He was initially charged with obstructing a peace officer and causing a disturbance. A video of the incident went viral.Dalton joined the 1 Million March 4 Children to draw attention to recent significant changes in the public school curriculum.TDF represented Dalton in discussions with the Crown and throughout numerous court appearances. Initially facing potential jail time, a consequence exacerbated by the manner in which he was handled by police, the Crown ultimately agreed to drop all charges following negotiations by TDF.TDF lawyer Adam Blake-Gallipeau expressed satisfaction with the outcome, stating, "Mr. Dalton exercised his Charter rights to peacefully assemble and express his views on current issues. We are pleased with the resolution."
