OTTAWA (LifeSiteNews) – Freedom Convoy protester Christine DeCaire was acquitted by an Ontario Court of Justice on of all charges placed against her for participating in pro-freedom protests last year while the Emergencies Act (EA) was in place.
The Justice Centre for Constitutional Freedoms (JCCF) said in a press release Monday that DeCaire was arrested in 2022 for standing on Nicholas Street in downtown Ottawa after the invocation of the EA.
She was charged with mischief, obstructing and resisting an officer in the execution of his or her work and disobeying a lawful order, according to the JCCF.
DeCaire said in a press release that she feels “very fortunate to have this dealt with and over already.”
She added that the results from the court’s decision “was exactly what it should be.”
As noted by the JCCF, DeCaire was arrested on February 18, 2022, and despite being charged “stood by her Charter right to be presumed innocent throughout – a presumption that the Crown failed to refute.”
DeCaire remained adamant that she had done “nothing to warrant an arrest.”
The JCCF noted that despite requesting a lawyer within minutes of her arrest, “no lawyer was provided to her.”
The JCCF noted that section 10(b) of the Charter states that everyone has the right upon arrest or detention “to retain and instruct counsel without delay and to be informed of that right.”
At DeCaire’s trial, evidence showed that there was no “opportunity to speak to counsel.”
The Ontario Court of Appeal noted the JCCF recently said that people “arrested or detained are apt to require immediate legal advice that they cannot access without help, because of their detention.”
DeCaire’s trial concluded on March 23, 2023, when the Ontario Court of Justice found that the omission of “legal advice for Christine was not a minor breach of her Charter right to counsel,” as noted by the JCCF.
As such, the court noted that evidence given by the Crown against DeCaire did not prove “beyond a reasonable doubt” that the accusations of obstruction and mischief were pursuant to the Criminal Code of Canada.
Also, evidence from witnesses showed that DeCaire was cooperative throughout her arrest and detention.
After a three-day Charter Application and Trial, the JCCF noted that “the Judge acquitted Christine of all charges.”
DeCaire’s lawyer, Monick Grenier, said about the victory that in this case at least, “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. While ignorance of the law is not a defense, ignorance of one’s Charter rights may be equally detrimental.”
Prime Minister Justin Trudeau put in place the EA on February 14, 2022, to shut down the Freedom Convoy and revoked it on February 23 after the protesters had been cleared out.
Hundreds of protesters were arrested for participating in the Freedom Convoy while the EA was in place. Many had their charges dropped. However, some still have outstanding charges.
On Monday, the JCCF’s Federal Court hearing of the Jost et al. v. Canada constitutional challenge to the invocation of the EA started in Ottawa and will conclude today.
Canadians can view this public hearing here.
The use of the EA was unprecedented and saw in total nearly $8 million in funds from 267 bank accounts locked. Additionally, 170 bitcoin wallets were frozen.
The freezing of bank accounts without a court order was an unprecedented action in Canadian history and was only allowed through the Liberal government’s invocation of the never-before-used EA.