A recent court decision in New Brunswick acquitted two protesters who were charged for violating public health mandates by exercising their guaranteed right to protest.

The presiding Judge ruled that protests were not prohibited under the definition of “large gatherings” in the provincial legislation.

This is a very positive court ruling and aligns with what Police on Guard has been advocating throughout the pandemic. In Ontario the Emergency Management and Civil Protections Act explicitly states that any measures are limited by, and subject to, the Charter.

Additionally, this is not a positive look for both the police and the Crown Attorney in this case. The judge was critical of inconsistent police testimony. The article also addresses comments made by a ranking RCMP officer questioning why protestors were not being ticketed.

The law and the Charter in this country are non-negotiable. Protests are protected in a free and democratic society. Police on Guard has previously written about these exact issues. The police and the government have a responsibility to ensure the law is applied correctly and limits any intrusion into citizens freedoms.

As a municipal police officer in Ontario these exact issues were taken to my respective association. Toronto Police Association President John Reid and Toronto Police Association lawyer Larry Vierra both refused to listen to our concerns and instead sided with the political posturing of Mayor John Tory and the Police Services Board. These issues were raised when we saw the Toronto Police blatantly violating the law and using violence against peaceful protestors.

While this ruling was in New Brunswick, we are confident similar case law will continue to be established in all provinces as the legislation was clearly written but improperly applied for reasons that have nothing to do with the law. In fact, similar rulings have come out of litigation that resulted from the Ottawa Freedom Convoy.

Those named above as well as countless other politicians, ranking police officers, police associations, and public health bureaucrats should be ashamed of themselves. What we have seen is an absolute failure by these individuals to do their jobs. Police on Guard is advocating for accountability within these organizations to ensure that such an egregious breach of our civil liberties does not occur again.

To read the CBC article click here