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Judge dismisses all charges against Ottawa freedom convoy protester

Judges often dismiss charges to discourage police wrongdoing and prevent weak cases from having their day in court.
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Many protesters were on their knees praying and singing O' Canada when heavily armed police in tactical gear moved in on them. Evan Blackman was on his knees with cap in hand singing O' Canada when police arrested him.

OTTAWA, Ont. – All charges against a freedom convoy protester – who had all three of his bank accounts frozen – have been dismissed in an Ottawa court.

Evan Blackman had pleaded not guilty to mischief and obstructing police and faced a trial Oct. 23 but because of the limited evidence and poor memory of the police officer regarding key details of the alleged criminal offences, the judge dismissed all charges. He was charged for his participation in the Ottawa protest Feb. 18, 2022.

“My client and I are thrilled with this outcome,” said lawyer Chris Fleury from Justice Centre for Constitutional Freedoms. “After almost 20 months, Mr. Blackman can finally put this matter behind him.”

A judge may dismiss charges when the evidence is weak, there were illegal tactics used to gather evidence or make arrests, or unavailable witnesses. Judges often dismiss charges to discourage police wrongdoing and prevent weak cases from having their day in court.

Fleury said that at the time of Blackman’s arrest, police were conducting an “enforcement action” in downtown Ottawa, clearing the streets of protesters.

Evidence against Blackman consisted of a 14-minute drone video (with no audio) and the testimony of one officer who was on the scene. For approximately nine minutes of the video, Blackman is recorded as part of a group of protesters standing face-to-face against a line of police officers on Rideau Street. In one part of the video, Blackman is seen deescalating the situation by holding other protesters back and by putting his hand up to stop protesters from confronting police.

Blackman is seen kneeling in front of police during the five minutes leading up to his arrest. At one point, while on his knees, he is seen taking off his hat, putting his hand on his chest, and singing O' Canada. Blackman was arrested and released from custody the same day, Feb. 18, 2022. Once he was released, he realized that he could not access three of his bank accounts. They had been frozen under the federal Liberal government’s use of the Emergencies Act.

The trial for Saskatchewan’s Chris Barber – a trucker who headed the Freedom Convoy – started Sept. 5 and has stopped several times at the Ontario Court of Justice in Ottawa.

Barber, who owns a trucking company in Swift Current, spearheaded the Freedom Convoy with fellow Ontario trucker Brigitte Belton to protest the federal government’s cross-border vaccine mandate that came into effect Jan. 15, 2022, and meant that unvaccinated truckers would no longer be allowed to cross the border. He said Belton and other independent truckers were going to lose their livelihood because of the vaccine mandate. The truckers also wanted to end all vaccine mandates for all Canadians. 

He led the approximate 2,500 vehicles in the West convoy into Ottawa, which started in British Columbia, he testified in November 2022 at the Public Order Emergency Commission.  Barber testified that the Ontario Provincial Police Service led the West convoy east into Ontario, saying,  “Marty met us at the scales at the border of Manitoba and Ontario."

Barber was arrested near Parliament Hill on Feb. 17, 2022, three days after the Emergencies Act was invoked and one day before hundreds of police officers in tactical gear advanced on Parliament Hill to remove peaceful protesters. He was released on bail Feb. 18, 2022.

Barber, and Tamara Lich from Alberta, were charged with mischief, intimidation, obstructing a highway, obstructing a police officer, and counselling others to commit the same offences. These charges stem from their involvement in the peaceful Freedom Convoy protest in Ottawa in January and February of 2022.

Some protesters have returned to Ottawa and are calling for the resignation of Prime Minister Justin Trudeau. They say that the truckers were the victims during the convoy to Ottawa in February 2022.

The protesters are at two camps on the outskirts of the city. They are at 225 County Road 8, Cassleman, Ont., and 2041 Flos Road 4 West Phelpston, Ont. On social media they are using the hashtag #SaveCanada. 

Story updated to say the truckers also wanted to end all vaccine mandates for all Canadians. 

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