A Federal Appeals Court has ruled that the Canadian government's use of the Emergencies Act to terminate the 2022 Freedom Convoy protests was unreasonable and violated Charter rights.
January 16, 2026 - 'The Liberal government unreasonably invoked the Emergencies Act to clear the convoy protests that gridlocked the capital city and border points nearly four years ago,' the Federal Court of Appeal ruled on Friday.
"The court dismissed the government's appeal of a 2024 ruling which deemed former prime minister Justin Trudeau's decision to use the legislation [was] unlawful and infringed on protesters' Charter rights.... The Federal Court was initially asked to review the government's deeply divisive proclamation of a public order emergency by the Canadian Civil Liberties Association (CCLA), the Canadian Constitution Foundation and other groups. In that 2024 decision, Federal Court Justice Richard Mosley, since retired, said the government's decision lacked justification, transparency and intelligibility.
"The government appealed. During a hearing last February, its lawyers argued the court downplayed violence with 'hindsight bias on full display.' The government has long argued the protests posed a security threat and the measures it took under the Emergencies Act were targeted, proportional and temporary.
"But the appeal court's decision agreed with Mosley's finding that cabinet did not have reasonable grounds to believe that a threat to national security existed and fell short of the legal threshold needed to invoke the act."
December 19, 2025 - "The Justice Centre for Constitutional Freedoms announces that the Ontario Court of Justice has dismissed the Crown’s application to forfeit the truck of peaceful Freedom Convoy organizer Chris Barber. Mr. Barber’s 2004 Kenworth long-haul truck, known as 'Big Red,' is his primary source of income for his family.
"Despite evidence that police directed Mr. Barber where to park his truck and later instructed him to move it, the Crown sought to permanently seize the vehicle as alleged offence-related property. The court’s decision brings an end to the forfeiture proceedings for now.
"Chris Barber said, 'This truck is my livelihood. Trying to permanently seize it for peacefully protesting was wrong, and I’m relieved the court refused to allow that to happen.'
"Criminal defence lawyer Marwa Racha Younes welcomed the ruling. 'We find it was the right decision in the circumstances and are happy with the outcome,' she said.
"Mr. Barber continues to pursue appeals related to his criminal conviction and sentence stemming from the Freedom Convoy protest. The Justice Centre has provided funding for Mr. Barber’s legal defence since 2022, including the ongoing proceedings opposing the Crown’s attempt to seize his truck.
“'This decision is good news for all Canadians who cherish their Charter freedom to assemble peacefully,' said John Carpay, president of the Justice Centre. 'Asset forfeiture is an extraordinary power, and it must not be used to punish Canadians for participating in peaceful protest,' he added."
Freedom Convoy organizers Chris Barber and Tamara Leach have been sentenced to a year's house arrest, followed by 6 months' curfew, and 100 hours of community service.
October 7 - "Tamara Lich and Chris Barber, two major figures of the 2022 'Freedom Convoy,' have been handed conditional sentences and spared further jail time. Barber was found guilty of mischief and counselling others to disobey a court order earlier this year, while Lich was found guilty of mischief. Both were found not guilty on several other counts.
"On Tuesday, each was given an 18-month conditional sentence: Twelve months at home with limited outings per week, followed by six months under a 10 p.m. curfew. Lich is being given credit for the 19 days she initially spent in jail, and for another 30 days she spent in custody after breaching her bail conditions. Barber and Lich will each have to serve 100 hours of community service.
"Lich's lawyer Lawrence Greenspon said they're still considering whether to appeal her conviction. 'The main objective was to make sure she didn't spend one more day in jail, and that was achieved,' he told reporters outside the courthouse.
"Barber's defence lawyer Diane Magas said her client respects the judge's decision and considers it reasonable, adding it was more or less the sentence they expected....
"Crown prosecutor Siobhain Wetscher previously asked Justice Heather Perkins-McVey to impose extraordinary sentences — eight years' imprisonment for Barber and seven for Lich — arguing that such heavy penalties would reflect the profound impact the two had on the public during the protests they led in Ottawa."
"The selective prosecution (or non-prosecution) of offences committed by protesters, based on the protesters’ political views rather than on their behaviour, is a serious affront to the rule of law."
July 24, 2025 - "If Chris Barber and Tamara Lich had organized a series of massive rallies in Ottawa to protest the federal government’s failure to control the earth’s climate, would they have been criminally charged with mischief and held responsible for clogging up Ottawa’s downtown core?... If the rude anti-Trudeau flags displayed by some truckers had instead been rainbow flags, or Hamas flags, would the federal government have declared a national emergency, and used violence against peaceful protesters? And would Crown prosecutors now be asking for an eight-year jail sentence for Barber and seven for Lich?
"Sadly, these are questions that must be asked in light of what appears to be a glaring double standard that sees crimes in Canada being prosecuted — or ignored — depending on the politics of the protesters.
"In July 2021, 'protesters' tore down and damaged a large statue of Queen Victoria on the [Manitoba] Legislature grounds, in broad daylight, with police watching.... In February 2022, Manitoba Justice announced that, while property destruction was a crime and not a valid exercise of freedom of expression, none of the criminals would be prosecuted!... In March 2020, protesters blockaded railroads across Canada in the name of stopping oil and gas development.... Prime Minister Trudeau offered to meet with them, and police did little.... Less than two years later, thousands of Canadians, including many truckers, assembled peacefully in Ottawa to protest vaccine mandates. The prime minister refused to meet with them, declared a 'national emergency,' and then the protesters were met by the force of armed police and had their bank accounts frozen.
"On May 11, 2020, lone protester Cody Haller was arrested, dragged out of the Alberta legislature grounds, and given a $1,200 dollar ticket. The 'rule of law' was apparently very important when people protested against the violation of their Charter freedoms: complete and total obedience to health orders was expected.... A few weeks later, neither police nor Crown prosecutors objected to anti-racism protests across Canada that were clearly in violation of public health orders. In Regina, the chief of police spoke at one of these clearly illegal rallies....
"The selective prosecution (or non-prosecution) of offences committed by protesters, based on the protesters’ political views rather than on their behaviour, is a serious affront to the rule of law.
"Crown prosecutors in Ottawa are now seeking jail sentences for Barber and Lich that are too rarely imposed on people convicted of serious crimes. The Crown also seeks to confiscate Barber’s truck, affectionately known as Big Red, even though Barber had followed instructions from Ottawa police about where to park Big Red, and later moved Big Red after police requested him to do so. The Crown does not dispute that the Freedom Convoy, in which thousands of people participated over the course of three weeks, was devoid of the violence, vandalism, arson, threats, and other criminal conduct that frequently characterize other protests....
"When convicting Lich and Barber of criminal mischief, the judge noted that 'Ms. Lich and Mr. Barber consistently said this was to be a peaceful protest. There are no messages, Tik Tok or otherwise, where they used violence or threats of same. They did not incite or aid supporters in engaging in intimidating, aggressive or threatening behaviors by their mischief or blocking roads. They were not trying to intimidate the downtown residents....There are no words spoken where they suggested to make it difficult for police to do their lawful duties. The actions of the Accused on their respective arrests were consistent with what they told their followers; their actions led by example'....
"Lich has already spent 49 days in jail. Both Lich and Barber have been subjected to more than three years of criminal proceedings, while Crown prosecutors in Ontario claim that they lack adequate resources to prosecute murders and other serious crimes.
"The double standard in law enforcement in Canada is glaring. If the judge imposes any jail time on Lich, Barber, or both, it will bring the administration of justice into grave disrepute in the minds of millions of Canadians, and further tear our social fabric."
June 30, 2025 - "One of the men serving a sentence for convictions connected to the 2022 Coutts border blockade has been granted bail pending his appeal. Chris Carbert is serving a 6½-year sentence for mischief over $5,000 and possession of a weapon for a dangerous purpose. He has appealed his convictions and sentence.
On Monday, Alberta Court of Appeal Justice Jo-Anne Strekaf ruled Carbert can be released pending his conviction appeal arguments, which are set to be heard in September. 'Detention pending his appeals is not necessary for the protection or safety of the public,' wrote Strekaf in her 10-page decision.... Strekaf ordered Carbert's lawyer Katherin Beyak and prosecutors to appear before her with a release plan. Carbert was convicted alongside Anthony Olienick, who was handed the same sentence in 2024. Both men were acquitted on the more serious charge of conspiracy to murder RCMP officers....
"With credit for the time he spent in custody pending trial, Carbert had two years, seven months left to serve when he was sentenced in September 2024. Carbert is eligible for statutory release in June 2026 and his prison sentence will expire in April 2027.
"Strekaf cited the Corrections Services Canada assessment completed for the purposes of Carbert's parole hearing which found he is a low risk to reoffend and has support from three prison workers; an officer, the chaplain and the shop instructor. '[Carbert] has demonstrated that there is no substantial likelihood that he will commit a criminal offence or interfere with the administration of justice if released from detention pending the hearing of his appeals,' wrote the judge.
"Strekaf also noted that both Carbert's conviction and sentence appeals may not be completed until after his mandatory release date. 'In effect, if he remains in custody, he may have served most, if not all, of his sentence regardless of the outcome of his appeals,' wrote the judge."
Chris Barber, who has been convicted and could be imprisoned for his part in organizing the 2022 Freedom Convoy protest in Ottawa, is petitioning the court to stay proceedings before sentencing.
May 21, 2025 - "Freedom Convoy organizer Chris Barber [was] in court [May 21] for hearings related to a Stay of Proceedings application in an attempt to have his charges dropped.... Ontario Justice Heather Perkins-McVey found Barber and co-organizer Tamara Lich guilty of mischief for their involvement in the peaceful protest in Ottawa in January and February of 2022. The decision [was] released on April 3.... Diane Magas, Barber’s lawyer, filed the stay application on April 16, arguing Barber had sought legal advice during the time of the protest and acted in good faith with local authorities.
"Barber in his application argued 'the legal advice given to him … during the Freedom Convoy was erroneous and that, as a result, the Crown is not entitled to convict him,' said the Justice Centre for Constitutional Freedoms (JCCF).... The application was filed one day after Barber learned the sentence the Crown was pursuing: two years in prison and the confiscation of Big Red [his truck].... If the judge approves the stay application, Barber will not go to prison, nor will his truck be seized." Read more: https://www.westernstandard.news/news/barber-testifies-to-have-freedom-convoy-charges-dropped/64917
May 20, 2025 ""Mr. Barber’s legal team ... argue that he followed the advice of officials and the police in good faith during the protest and that the charges should be stayed despite his conviction for mischief and for counselling others to breach a court order on April 3, 2025.
"In court documents submitted to the judge, the Crown claims that there is no merit to Mr. Barber’s Application and that it should be thrown out. The Crown argues that he knowingly broke the law during the peaceful Freedom Convoy protest. The Crown is also demanding that Mr. Barber’s primary source of income, his 2004 Kenworth long haul truck, called 'Big Red,' be seized and forfeited to His Majesty the King.
"If Justice Heather Perkins-McVey of the Ontario Court of Justice grants the Application, sentencing would not proceed, and the charges would be stayed.... Diane Magas, Mr. Barber’s lawyer, explained that an 'officially induced error defence' is rarely used but that it is an appropriate defence in the particular circumstances of this case....
"'To imprison a man who sought and followed legal advice would bring the administration of justice into disrepute,' stated John Carpay, President of the Justice Centre. 'Mr. Barber consistently followed the legal advice that he received from police officers, lawyers, and a Superior Court judge.'" Read more: https://www.jccf.ca/will-chris-barber-be-jailed-for-peacefully-protesting-court-to-decide-soon/
Harold Jonker, Niagara region 'road captain' for the 2022 Freedom Convoy — who was charged with four counts of mischief and intimidation more than a year after the protest was over — was acquitted this week on all counts.
Judge rules Crown did not prove any criminal wrongdoing by Niagara business owner Harold Jonker. JCCF photo.
May 20, 2025 - "The Justice Centre for Constitutional Freedoms is pleased to announce that Harold Jonker, a trucking company owner, has been acquitted on all charges related to his peaceful involvement in the 2022 Freedom Convoy protest in Ottawa. The decision was delivered today by Justice Kevin B. Phillips of the Ontario Superior Court of Justice.
"Mr. Jonker, a trucker from West Lincoln in Ontario’s Niagara region, joined the Freedom Convoy as a 'road captain' for the Niagara contingent and arrived in Ottawa on January 28, 2022. He remained in the capital for three weeks. During that time, he parked his vehicle along Coventry Road — away from the downtown — and was not fined or charged with any offences while in the city.
"Fifteen months after the protest ended, in May 2023, police charged Mr. Jonker with mischief, counselling mischief, intimidation, and counselling intimidation. The allegations included that he helped organize and lead part of the Convoy, and that multiple trucks affiliated with his business, Jonker Trucking Inc., were present in downtown Ottawa during the protest.
"Mr. Jonker’s trial took place from May 12 to 14, 2025, before the Ontario Superior Court of Justice in Ottawa. The Crown presented four witnesses, including two police officers and two civilians. In delivering his oral judgment on May 20, 2025, Justice Phillips addressed two main themes advanced by the Crown.
"First, the Crown argued that interviews given by Mr. Jonker during and after the protest amounted to counselling mischief. However, Justice Phillips found that Mr. Jonker was treated by interviewers like ... someone describing events as he witnessed them. While supportive of the protest, Mr. Jonker’s words were expressions of opinion, not incitement to unlawful action.
"Second, the Crown alleged that Mr. Jonker was responsible for Jonker Trucking vehicles that were observed in the downtown core. But the Court found insufficient evidence to show that Mr. Jonker had control over those trucks. Justice Phillips noted that, in Crown-submitted videos, Mr. Jonker explicitly stated that his own truck was parked in a yard, not downtown. Furthermore, the Crown offered no evidence ... that could prove Mr. Jonker had authority over vehicles belonging to the company.
"Justice Phillips concluded that while the broader Freedom Convoy could be seen as a collective act of mischief, the Crown had failed to prove that Mr. Jonker was guilty of any of the charges beyond a reasonable doubt.
"Constitutional lawyer Chris Fleury welcomed the decision, stating, 'Harold and I are elated with the outcome of his case. We agree with the trial judge that the Crown had not proven its case beyond a reasonable doubt'.... Mr. Jonker expressed his gratitude, stating, 'We are very thankful for the excellent legal support provided by the Justice Centre for Constitutional Freedoms, and thankful that the judge saw through the Crown’s weak case and had the courage to do the right thing.'”
After a trial lasting more than a year, Freedom Convoy organizers Tamara Lich and Chris Barber have been convicted of mischief (but acquitted of most charges) for their role in the 2022 Ottawa protest.
April 3, 2025 - "Chris Barber and Tamara Lich have been found not guilty of most charges against them for their roles in the 2022 truck convoy protest in Ottawa. Barber and Lich each faced six charges including mischief, intimidation, obstructing police and counselling others to do the same.
"On Thursday at the Ottawa courthouse, Ontario Court Justice Heather Perkins-McVey found the pair not guilty of four charges apiece relating to intimidation and obstructing police. They were both found guilty of committing mischief. Perkins-McVey also found them both guilty of counselling to commit mischief themselves, but that finding was stayed at the request of Crown lawyers. Barber alone was found guilty of counselling others to disobey a court order. Lich was not charged with this. All told, Barber was found guilty of two charges, not guilty of four and had a seventh stayed. Lich was found guilty of one, not guilty of four and had a sixth stayed."
April 3, 2025 - "The Justice Centre for Constitutional Freedoms is disappointed that the Ontario Court of Justice has found Chris Barber, a trucker and trucking company owner from Swift Current, Saskatchewan, guilty of mischief for his involvement in the peaceful Freedom Convoy protest.... Justice Heather Perkins-McVey delivered the decision this morning in the Ontario Court of Justice at the Ottawa Courthouse.
"In January and February 2022, thousands of Canadians travelled to the nation’s capital to protest mandatory Covid vaccination policies. Vaccine mandates [had] turned the millions of Canadians who chose not to receive a Covid vaccine into second-class citizens, denied them the right to travel, participate in sports, watch their children play sports, and visit ailing parents and grandparents in nursing homes. Mr. Barber, who himself had received the mandatory injection, travelled to Ottawa to protest the mandates he believed were harming not only the trucking industry but also all Canadians.
"The federal government illegally invoked the Emergencies Act on February 14, 2022, to use violence to suppress the Freedom Convoy protests. On February 17, police arrested Mr. Barber on charges of mischief, intimidation, obstructing a highway, and counselling others to commit the same offences. Mr. Barber pleaded “not guilty” to all charges on April 23, 2023, having done nothing other than peacefully exercise his freedoms of expression, association, and peaceful assembly – protected by section 2 of the Canadian Charter of Rights and Freedoms.
"The criminal trial of Chris Barber and Tamara Lich, originally scheduled for 16 days, consumed massive resources of Crown prosecutors, taking place over a period of 45 days from September 5, 2023, to September 14, 2024....
"Justice Centre President John Carpay, referencing the fact that 86 sexual assault cases have been tossed out in Ontario since 2016 due to court delays and insufficient court resources, stated, 'Crown prosecutors in Ontario claim that they do not have enough resources to prosecute people accused of sexual assault and other serious crimes. People accused of serious crimes are walking away without facing trial because of extreme delays, supposedly caused by the Crown lacking adequate resources. Yet the Crown has devoted massive amounts of its limited time and energy to prosecuting peaceful protesters who exercised their fundamental Charter freedoms.'
"'There seems to be a glaring double standard in prosecutions in Canada,' continued Mr. Carpay, 'and it appears that the charges against Chris Barber and Tamara Lich were laid for political reasons. In July 2021, Winnipeg police stood by and watched as vandals tore down and damaged a statue of Queen Victoria on the legislature grounds, in broad daylight, which was criminal behaviour. But no charges were laid against individuals who wilfully destroyed property because they were protesting against residential schools.... The Manitoba Crown, while possessing abundant video evidence of this blatantly criminal conduct, announced that nobody would be charged or prosecuted. Yet when Tamara Lich and Chris Barber played an active role in the entirely peaceful 2022 Freedom Convoy protest in Ottawa, the Crown devoted its resources to an extensive, full-scale prosecution that dragged on for 31 months.'
"In Regina, the Chief of Police attended and spoke at a rally for Black Lives Matter on June 5, 2020, in violation of Saskatchewan’s Covid restrictions. Yet police issued tickets to citizens who protested against lockdowns, and prosecutors were relentless in seeking convictions of those charged. 'If Tamara Lich and Chris Barber had played a leadership role in organizing protests against racism, transphobia or climate change, they would not have faced 45 days of trial over a period of 31 months,' concluded Mr. Carpay.
"Counsel will carefully review the decision and confer with the client to determine any next steps."
Aubrey Cottle, the Oshawa website administrator who claimed responsibility for the 2022 computer hack of GiveSendGo's Freedom Convoy donor information, has been charged with a similar hack of the Texas GOP in 2021.
March 31, 2025 -"The Canadian hacker who claimed responsibility for leaking Freedom Convoy donor data in 2022 has been arrested following charges filed by the U.S. Attorney’s Office.
"On Friday, March 28th, the U.S. Attorney for the Western District of Texas announced the charges against Canadian left-wing hacktivist and self-proclaimed founder of 'Anonymous', Aubrey Cottle, 37 of Oshawa, Ontario.... He was arrested Wednesday by Canadian authorities and faces criminal charges both in Canada and the U.S.
"The unsealed complaint in the Western District of Texas accuses Cottle of using illegal means to access a backup of the Texas GOP server containing sensitive personal information. The stolen data was exposed online, where prosecutors alleged Cottle also took credit openly via social media.
"Cottle also claimed responsibility for hacking the Christian donor site GiveSendGo in February of 2022. The hack, similar to his Texas GOP stunt, was intended to leak donor information, including names, addresses and donations amounts, leading to widespread harassment of donors. Cottle admitted to the hack on an unhinged TikTok livestream, resurfacing on X since his arrest broke to the public....
"[I]n 2021 during an interview with Vice News, Cottle admitted to being involved in the 2008 Anonymous attack on the Epilepsy Foundation’s website where the hacker created flashing animations used to target users with photosensitive epilepsy....
March 31, 2025 - "OPP [Ontario Provincial Police] aren’t saying much about a cyber crimes investigation that led to charges against an Oshawa resident. The case is under a publication ban.... Aubrey Cottle, 37, is charged with mischief to computer data, unauthorized use of a computer and possession of a device to obtain unauthorized use of a computer. The accused remains in custody and is scheduled to appear before the Ontario Court of Justice in Oshawa on March 31, 2025." Read more: https://www.durhamradionews.com/archives/195774
April 1, 2025 - "A GTA man known for his alleged ties to the notorious hacktivist collective Anonymous is facing charges in Canada and the United States stemming from a 2021 data breach targeting the Texas Republican Party. Aubrey Cottle ... who goes by the online alias 'Kirtaner' ... appeared in court in Oshawa on Tuesday morning. None of the allegations have been tested in court.
"Cottle, who describes himself on social media as the founder of Anonymous, was reportedly involved in the data breach targeting the Christian crowdfunding site that raised money for the so-called 'Freedom Convoy' in early 2022.... During the protests, the names and personal details of donors to the GiveSendGo convoy crowdfunding campaign were breached and shared across the internet. According to Vice, Cottle admitted on the social media platform TikTok that he was responsible for the attack.
"'Yes, I doxxed the truckers, I did it, it was me, I hacked GiveSendGo baby, and I’d do it again,' Cottle yelled in a TikTok livestream on his account. 'I’d do it a hundred times. I did it. I did it. Come at me. What are you going to do, what are you going to do to me, ha?'...
"When OPP executed a search warrant at Cottle’s home, they seized more than 20 terabytes of data, including correspondence from his email address in February 2021 that claimed he had access to Epik’s networks, customer virtual machines, web domains and customer data. The email told the unknown recipient to “delete this message after reading'.... Court documents do not specify when OPP searched Cottle’s home. In 2022, he told CyberScoop that OPP had raided his home and took 'all my equipment' on Aug. 30 of that year. Cottle said a police detective told him the FBI was involved." Read more: https://www.thestar.com/news/gta/oshawa-man-linked-to-anonymous-facing-charges-in-canada-and-u-s-after-internet-hack/article_5aa7503d-3c57-48b2-90f9-a8d9358a8408.html
Although the Crown had asked for a 10-year prison sentence, Freedom Convoy organizer Pat King was sentenced this week to 12 months for his role in the 2022 mass protest. After accounting for time served, King will serve three months under house arrest.
February 20, 2025 - "Pat King, a key organizer of the 2022 convoy protest in downtown Ottawa, got a three-month conditional sentence on Wednesday after the judge accounted for time already served in jail. In November, King was convicted in Ontario Superior Court on five criminal charges: mischief, counselling to commit mischief, counselling to obstruct a public or peace officer, and two counts of disobeying a court order.
"Superior Court Justice Charles Hackland found King 'personally led a large convoy' and was an 'active participant' with supporters in disrupting Ottawa services and bringing the 'core of the city to a standstill' in January and February 2022. Hackland said in his sentencing decision that King had accepted 'minimal responsibility' but offered a 'sincere apology' for his actions....
"King is expected to serve his 90-day period of house arrest in Alberta, but his lawyer told court he has found employment at a social media company in Quebec. He is expected to move to the Montreal-area after his conditional sentence ends.
"Crown prosecutor Moiz Karimjee said King's offences were of the 'worst kind' and asked for a 10-year sentence, the maximum penalty for mischief.
"The Alberta native was given a 12-month sentence Wednesday, with nine months credit for time served in jail and under restrictive bail conditions. Conditions for the other three months include being on good behaviour and checking in with the court.... King did not speak publicly following the sentencing, with his lawyer Natasha Calvinho citing his restrictive bail conditions."
On November 14 an Ontario Superior Court judge ruled that all charges against Randy Hillier stemming from the 2022 Freedom Convoy be dropped, agreeing that Hillier's Charter right to be tried within a reasonable time frame had been violated.
November 18, 2024 - "All charges against former MPP Randy Hillier relating to the February 2022 convoy protest in Ottawa have been stayed.... Hillier, who represented Lanark-Frontenac-Kingston as an independent after being removed from the Conservative caucus in 2019, had been facing a nine-pack of charges stemming from the trucker blockade along Wellington Avenue in front of Parliament Hill. The charges included two counts of mischief, three counts of counselling to commit an indictable offence, three counts of obstructing a police officer and one count of assaulting a police officer.
"In a ruling dated Thursday, Superior Court Justice Kerry McVey agreed with Hillier’s argument that his Charter right to be tried within a reasonable time frame had been violated. A four-week trial had been scheduled to begin next Jan. 27 in Ottawa, with an anticipated ending of Feb. 25. That would amount to a total of 34 months 28 days since police charged Hillier. Factoring in 105 days for delays caused by the defence and for 'exceptional circumstances,' McVey ruled that Hillier had been waiting for 31 months 13 days for a trial.
"A previous 30-month ceiling on delays had been established by the Supreme Court in the 2016 decision R v. Jordan. 'As a result, the application is granted,' McVey wrote. 'The charges against Mr. Hillier are dropped'....
"The case against Hillier included charges that he inspired his 56,000 online followers to flood non-emergency police lines during the convoy protest demonstration despite a police plea to the public to keep communication channels open. Police had received 274 malicious calls during a six-day period, according to the Crown case. Hillier had told his on-line supporters to keep calling because 'in a democracy, expressing yourself is a fundamental freedom.'
"The prosecution also said Hillier had disregarded a police officer’s directions and used his shoulder to push an officer away, allowing demonstrators to pass through a barricade.
"Despite emergency orders against it, the Crown also contended that Hillier told his supporters to continue stocking the protesters with gasoline and food."
September 10, 2024 - "The lawyers for a Calgary pastor found guilty of mischief for encouraging protesters to continue blocking the Canada-U.S. border crossing in 2022 say he was communicating with attendees, not inciting them, and should have his conviction overturned. On Tuesday, Artur Pawlowski's appeal was heard by a panel of three Alberta Court of Appeal judges.
"Pawlowski was convicted of inciting mischief based on a videotaped speech he gave on Feb. 3, 2022, at the saloon near the Coutts blockade. Defence lawyer Sarah Miller said her client gave a speech that should be looked at as communicating with protesters but 'did not incite interference with the highway.' 'The glaring absence of any reference to the blockade or the highway is fatal to the Crown's case and is an error in law,' said Miller. 'It would be a dangerous precedent to say you can't express support of protesters.'
"On the day of the speech, protesters had made a deal to leave the border crossing and head to Edmonton. Pawlowski encouraged those protesting COVID-19 health restrictions to stay in Coutts and hold their ground. 'The eyes of the world are fixed right here on you guys. You are the heroes. Don't you dare go breaking the line,' Pawlowski said in the video. The protesters ultimately decided to stay and continue their two week on-again, off-again blockade.
"Miller said the court was not being asked to approve of Pawlowski's speech, rather to consider it in the context of a 'reasonable interpretation of the Criminal Code'.... Miller's co-counsel Evan Best argued that Pawlowski was 'legally justified to give that speech' under the freedom of expression section of the Charter.
"But prosecutor Andrew Barg argued the defence position of legal justification under the free speech section of the Charter 'is wrong.' 'He can give a speech,' said Barg. 'But then there's a point where it crosses a line.' That point was when Pawlowski, in his speech, 'intentionally incites these people to commit a criminal act,' said Barg.
"The trial judge, Justice Gordon Krinke, had found that Pawlowski 'counselled other persons to interfere with the use of Highway 4 in a manner which rendered it useless'.... [Pawlowski was sentenced to 61 days in jail, but was released since he has already spent 51 days locked up in remand - gd]....
"More than a dozen people were charged in connection with the protests and blockade, including four men accused of conspiracy to murder RCMP officers. Those men were not convicted of [that] charge, rather, two pleaded guilty to firearms offences and were released from jail with sentences equal to the time they'd already served. The other two were found guilty of firearms violations and mischief following a trial and were handed 6½-year sentences."
Theodorus DeBoer, who received a suspended sentence and a criminal record for his involvement in the Freedom Convoy protests that shut down the Ambassador Bridge in 2022, has won his appeal to have the sentence varied and the criminal record vacated.
September 10, 2024 - "The Democracy Fund (TDF) has won an appeal for a man who received a criminal record in connection to the protests that shut down the Ambassador Bridge in February 2022. TDF’s client, Theodorus DeBoer, pleaded guilty to one count of mischief in relation to obstructing traffic leading up to the bridge back in November 2023.
"As part of a plea deal TDF lawyers negotiated, the prosecution agreed to drop the more serious charge of disobeying a court order. The prosecutor and the defence then made a 'joint submission' on sentencing, asking the trial judge to discharge DeBoer with conditions as opposed to any sentence that would carry a criminal record. The trial judge, however, took the unusual step of rejecting the recommendation of the lawyers and imposed a suspended sentence, which involve[s] probation and a criminal record.
"According to Alan Honner, the lawyer whom TDF retained to argue the appeal, judges are required to give way to joint submissions except in rare circumstances.... The Appellate Court agreed with Honner’s submission that the trial judge erred by applying the wrong legal test. It varied the sentence to bring it into conformity with the original joint submission: the criminal record was vacated.
"TDF was heavily involved in representing the rights of protestors in Windsor. It sent lawyers to the city to provide summary legal advice to protestors, made legal submissions to the court on the parameters of the Superior Court injunction that prohibited anyone from blockading the bridge and represented over a dozen protestors criminally charged in connection to the protests.
"With this successful appeal, not a single TDF client ended up with a criminal record....
"Founded in 2021, The Democracy Fund (TDF) is a Canadian charity dedicated to constitutional rights, advancing education, and relieving poverty. TDF promotes constitutional rights through litigation and public education and supports an access to justice initiative for Canadians whose civil liberties have been infringed by government lockdowns and other public policy responses to the pandemic."
August 9, 2024 - "The Justice Centre for Constitutional Freedoms is pleased to announce that all charges against peaceful Freedom Convoy protestor Ben Spicer have been dropped. Mr. Spicer was arrested in Ottawa on February 19, 2022, and charged with mischief, obstructing justice, and weapons charges. In his decision, Justice Timothy Lipson ruled that a secret recording of Mr. Spicer violated his Charter rights....
"Mr. Spicer attended the peaceful Freedom Convoy protest in the nation’s capital. He was standing near the intersection of Bank Street and Sparks Street when police struck him at least twice in the midsection. An officer pulled him off the ground and handed him over to another officer. His backpack and jacket were searched, revealing a can of bear spray and a folding pocketknife. He explained that these were from a recent hiking trip. He had not taken the items out of his backpack or jacket at any time during the protest.
"Officers loaded Mr. Spicer into a police van – equipped with a video and audio recording device. Mr. Spicer was not aware that he was being recorded. There were no signs, and he was not told by the officers. At no point was Mr. Spicer able to access legal counsel.
"His trial proceeded at the Ontario Court of Justice from November 6 to 8, 2023, and again from April 16 to 18, 2024. The Crown tried to submit the recording as evidence against Mr. Spicer. They argued that the Court should infer criminal activity from the contents of the recording and that Mr. Spicer had no reasonable expectation of privacy in a police vehicle.... On August 2, 2024, Justice Lipson ruled that Mr. Spicer had a reasonable expectation of privacy while in custody, especially since Mr. Spicer is presumed innocent until proven guilty. Because Justice Lipson found that the secret recording violated Mr. Spicer’s privacy rights, the recording was excluded as evidence from the trial.
"Justice Lipson also found that police had no grounds for the arrest. Indeed, police had breached his right not to be arbitrarily detained or imprisoned – protected by section 9 of the Canadian Charter of Rights and Freedoms. Because his arrest was unlawful, Justice Lipson ruled that the search of his backpack and jacket was also unlawful and excluded the contents as evidence as well.... Finally, Justice Lipson found that police had breached his right to retain and instruct counsel without delay – protected by section 10(b) of the Charter. All charges against Mr. Spicer were dismissed....
"Lawyer Monick Grenier stated, 'I am very satisfied that the judge recognized serious breaches of Mr. Spicer’s section 8, 9, and 10(b) Charter rights, and excluded the evidence after conducting an analysis, effectively gutting the Crown’s case.'
"Mr. Spicer stated, “I am extremely grateful for everything that the Justice Centre and Ms. Grenier has done. I thank the Justice Centre for funding my defence, with particular thanks to all those who donated.'"
A jury has acquitted Chris Carbert and Anthony Olienick of conspiracy to murder RCMP officers at the 2022 border blockade in Coutts, Alberta, but convicted them of lesser weapons and mischief charges.
August 02, 2024 - "Chris Carbert and Tony Olienick had been accused of conspiracy to commit murder against RCMP officers at the 2022 trucker convoy blockade at the Alberta-Montana border crossing in Coutts, Alberta. Both men were denied bail and have spent almost two and a half years in prison awaiting trial.
"Carbert and Olienick were two of the so-called Coutts Four who all faced related charges. The two other men, Chris Lysak and Jerry Morin, accepted a plea bargain from prosecutors, agreeing to plead guilty to minor firearms charges in return for time served.
"The arrest of the Coutts Four was a spectacular and theatrical event, with the RCMP creating a dramatic display of seized firearms, purportedly belonging to the arrested men. Justin Trudeau immediately invoked the Emergencies Act, declaring a form of martial law, citing the Coutts arrests as his pretext. The use of that law was later found to be unconstitutional by [a] Federal Court.
August 03, 2024 - "On August 2, Tony Olienick and Chris Carbert were acquitted of the serious charge of conspiracy to commit murder, but were found guilty of several other charges, including weapons possession and mischief. This verdict, particularly in the context of political dissent and civil liberties, merits a broader conversation.... The silence from major media sources raises important questions about the role of journalism in a democratic society.
"The Coutts trial highlights significant issues regarding government authority, the right to protest, and the implications of the Emergency Act. These are not merely legal matters; they touch upon the fundamental rights of Canadians and the very fabric of democracy.... They symbolize a moment of reckoning for how dissent is perceived and managed in Canada.
"The lack of media coverage risks marginalizing these critical discussions, leaving many Canadians unaware of the potential consequences for their own rights and freedoms. In a democracy, silence can be as powerful as speech. The absence of coverage around the Coutts trial serves as a reminder of the responsibility that both the media and citizens share in holding power to account....
"The Coutts trial is more than just a legal proceeding; it is a reflection of the ongoing struggle for justice and the protection of civil liberties. As the nation processes the implications of this verdict, the call for a more robust dialogue around these issues is louder than ever. It is time for all voices to be heard, and for the media to play its crucial role in fostering an informed and engaged citizenry." Read more: https://gather2030.substack.com/p/the-coutts-trial-verdict-a-silence
The final outstanding charges against podcaster Jeremy Mackenzie, the creator of Diagolon, have been stayed. All 23 criminal charges against him have now been stayed, dropped, or resolved.
Jeremy MacKenzie, (r) and Morgan Guptill, Tuesday, April 30, 2024, outside provincial courtroom in Dartmouth, N.S.
June 8, 2024 - "Controversial podcaster Jeremy Mackenzie is free and clear after the final outstanding charges against him were stayed. Charges against Mackenzie, a 14-year military veteran who served in Afghanistan, and his girlfriend Morgan Guptill, were stayed by a Nova Scotia judge who found that the 19 months between being charged and the end of the trial was an unreasonable length of time.
"These were the last remaining criminal charges against Mackenzie after charges in Quebec and Saskatchewan and others in Nova Scotia were similarly stayed or dropped.... Each of the 23 charges thrown at Mackenzie across three separate provinces has been dropped, stayed, or resolved, including a series of firearms charges in Saskatchewan.
"In an interview, he told True North that although he is 'relieved' the criminal cases are behind him, he was disappointed that he didn’t get a chance to defend himself in front of the public and a jury. 'In a way we’re relieved and just thankful to have that real estate in our heads back. This is just another problem we don’t have to deal with anymore. But this never should have happened in the first place. And it’s just a travesty of justice and our resources,' Mackenzie said.
"Mackenzie, who testified before the Public Order Emergency Commission remotely from jail in 2022, said the way that he and his girlfriend have been treated by the justice system has been disproportionate....Mackenzie said that on top of having his bail denied, he was placed in solitary confinement multiple times. He also said he faced physical attacks because of the media’s and the Liberal government’s characterization of him.
"Mackenzie and Diagolon were singled out by the Liberal government during the Freedom Convoy as a national security risk, a position partially relied on to justify the use of the Emergencies Act. An investigative report by lawyer Caryma Sa’d, who has represented Mackenzie, alleged that the government knew that Diagolon was not violent....
"Despite being free of criminal charges, Mackenzie still maintains that he was targeted for his political views. 'It lends more weight, not less, to the idea that people in this country who are political dissidents and unhappy with the way our rulers are conducting business are targeted by the state and punished for dissenting,' he said, 'It doesn’t paint a good picture of our legal system and doesn’t do anything to dispel that.'
"Mackenzie also took aim at the relative media silence about his charges being stayed. 'A lot of things were said. Media had printed a lot of out of context things and headlines. They really went to town to slander my reputation,' Mackenzie said. 'Now that it’s all over, they have nothing to say. And there’s no one here to apologize and say "We jumped to conclusions and painted you as this person without getting the facts." None of them showed up.'"
Week 1 of the trial of the Coutts 2 (Tony Olienick and Christ Carbert) on charges of conspiracy to murder police consisted mainly of testimony from three undercover RCMP officers.
June 20, 2024 - "[F]inally, on Thursday June 13, 2024 the trial of the Coutts Two, who had previously been known as the Coutts Four began in earnest.... On trial on charges of conspiracy to commit murder of police (RCMP members) are Tony Olienick and Chris Carbert. They are two Alberta men who were caught in a dragnet of RCMP operations and raids that occurred during the Coutts border blockade protest just outside of the border town of Coutts, Alberta, which was part of the larger Freedom Convoy protest which took place in Ottawa in February of 2022. Protesters were calling for an end to the draconian COVID mandates and restrictions that had been imposed on Canadians by the federal and provincial governments for two long years.
"Olienick and Carbert were arrested and charged with the conspiracy to murder police along with two other men – Jerry Morin and Chris Lysak. However, this past February, after spending 723 days in custody as they were denied bail, all the original charges against Morin and Lysak were suddenly dropped as they plead[ed] guilty to minor firearms offences.... All four of these men, according to the RCMP, were identified as ‘key’ members of a larger ‘cell’ of bad actors involved in a plot to overthrow the Canadian government. In media briefings the RCMP indicated that there were other ‘unidentified suspects’ of a purported ‘criminal organization’ that the four men allegedly belonged to. Yet, despite assurances by RCMP brass that these ‘unidentified suspects’ would also be rounded up through the intrepid investigative efforts of the RCMP, no such suspects were ever found, or were arrests ever made....
"So why, one might ask, has it taken two years to bring the case to trial? After all, under Canada’s justice system, the accused are entitled to a speedy trial. One would think that even a year’s delay in bringing a case to trial would seem unduly long, particularly when said suspects were not granted bail – in the justice system, where under the Trudeau government, bail is even granted to accused cop killers. Yet, now that it’s been two years no one has even batted an eye over this travesty. Not the justice system, not the government and certainly not the media....
"The Crown in its opening statements to the jury, which were widely reported in the mainstream media, who now have taken a sudden interest in the case after two years of wilfully ignoring it, were quite dramatic. The Crown prosecutor who gave the opening statement, Matt Dalidowicz told the jury that Olienick and Carbert had, indeed, conspired to kill police officers and believed they were justified in doing so.... According to the Crown, the RCMP faced a 'challenging situation' when the blockade began in January of 2020. He then went on to explain that ... they learned more through their undercover officers (UCO). Those would be three attractive female RCMP members they had assigned to investigate the activities at the Coutts blockade. Dalidowicz told the jury that these UCOs had ... 'discovered a plot to kill police officers, if police enforce the law to end the blockade'....
"But there is one fly in the ointment regarding the Crown’s assertions about this ‘plot'. It is predicated on the testimonies and evidence of what these three UCOs ‘uncovered’ and undoubtedly reported to their superiors, one would think. Yet, these police women, who were given this assignment, to investigate, infiltrate and gather evidence on any suspicious activities around the protest, used no wires or recording devices to record the conversations of, or with, any of the protesters. So, it is only their memories and perhaps notes of what they observed or heard that they are relying on.... Strangely enough as the mainstream media were recounting the testimonies of these UCO’s and their ‘conversations’, primarily with Tony Olienick, they didn’t think to mention that none of the evidence they presented could be backed up with recordings of said conversations. The were reporting it as though it did come from wiretaps or recordings, but that has been par for the course on the mainstream media’s laziness in reporting on this case....
"Because these RCMP members continue to operate as UCOs in other operations, their identities had to be protected, therefore they gave their testimonies in a separate courtroom where only the judge, lawyers, the jury, the defendants and the courtroom staff were present. The public and media remained in another courtroom where they could only hear the audio of their testimonies. During their testimonies they were asked whether the RCMP generally used wiretaps and body cameras during undercover operations, to which they replied they usually did. As to why they did not do so in Coutts, their only answer was that did not know, and that someone else would have to answer that question....
"The testimonies of the three seemed to focus in on Olienick who seemed to have interacted with them more than the other men. As a matter of fact they all indicated they had little, if any contact with Carbert, which causes one to wonder why he is on trial at all. Many of the things the UCOs testified to in their conversations with Olienick seemed to centre more on how he felt about the police presence there, rather than any particular plot against them. Any such words spoken by Oienick in that regard could also be open to misinterpretation and innuendo as was revealed under cross examination by the defence.
"But coming back to Chris Carbert, who[m] the UCO’s admit they had little if any contact with. Where or how does he fit into the picture? Well, the Crown’s problem is that ... in a ‘conspiracy’ charge, more than one person has to be involved in the plot. When Lysak and Morin were offered and took a plea deal, that left only Carbert and Olienick to keep the ‘conspiracy’ charge alive. So, it would seem that Carbert is being brought along simply to secure such a conviction. But if the evidence against Carbert is so thin, how can a jury possibly convict him? And if they can’t convict him, then how can they convict Olienick, alone, on a conspiracy charge? That seems to be quite a conundrum. How the Crown plans to tackle that conundrum remains to be seen."
After being held in custody without bail for more than two years, Canada's Coutts 4 – now the Coutts 2, after charges were dropped against two of the alleged conspirators – are finally getting their day in court in Alberta.
June 18, 2024 - "A trial is currently underway in Canada, and the rights of every Canadian citizen are at stake. Tony Olienick and Chris Carbert are facing farcical charges stemming from their participation in a peaceful protest against Canadian Prime Minister Justin Trudeau's COVID-19 response.... Olienick and Carbert are the remaining two of a group of political prisoners arrested in Canada and held without bail since the Freedom Convoy in 2022.
"The Freedom Convoy was a populist revolt against Trudeau's authoritarian approach to COVID-19 in the form of a mass act of civil protest led by truck drivers. To combat this peaceful protest, the largest of its kind in Canadian history, Trudeau invoked the Emergencies Act to suspend civil liberties across Canada, freezing bank accounts and laying numerous spurious charges against hundreds of peaceful protesters. Olienick and Carbert were arrested February 13, 2022 in Coutts, Alberta, at a Freedom Convoy protest site the day before Trudeau invoked the Emergencies Act, along with two other men.
"The group came to be known as the Coutts Four, and they stand accused of some damning charges — conspiracy to murder police officers among them. The charges are completely bogus, yet throughout Canada, early reporting about the men painted them in such a negative light that that many people have presumed them guilty. Their assumed guilt is tied up with Trudeau's larger effort to legitimize the use of the Emergencies Act against peaceful protestors; an inquest into Trudeau's suspension of civil rights surrounding the Freedom Convoy hinges on a conviction in the case of the Coutts Four.... Complicating this effort is the fact that two of the four men were released from prison and had all the original charges against them dropped....
"Olienick and Carbert have been kept in a form of carceral purgatory called 'remand' since being arrested for exercising their once-protected rights to protest. In this purgatory, where they do not have the normal rights afforded convicted felons, they have been denied access to necessary medical care, among other indignities, and Olienick had spent over 90 days in solitary confinement, which is considered torture in most civilized societies.
"Olienick and Carbert's trial finally got underway earlier this month. What little coverage there has been of the trial proceedings has focused on testimony from the undercover officers who were casing the protesters. There is nothing by way of corroborating evidence or recordings of what the accused are alleged to have said, and the Crown's case relies entirely on a negative interpretation of their words based entirely on claims made by the undercover officers.
"The story comes apart under the lightest scrutiny: A group of young female undercover officers were ostensibly sent in to investigate protesters tarred as extremists, who their superior officers suspected of having weapons and an intent to kill them. Yet these officers were sent in with no wires or recording devices of any kind, and no weapons to defend themselves. Does this not raise some pertinent questions? Who authorized this undercover operation? Was it not convenient to make these allegations, given that the day after these men were arrested, the Emergencies Act was invoked? Why has it taken 28 months for such an important case to get under way? Why did two of the co-accused, Jerry Morin and Chris Lysak, have all of the original charges against them dropped?...
"Media coverage of this case has done a great disservice to the Canadian public in not asking these questions. Instead, the media has been cheerleading for a conviction before all the evidence is in by repeating the unsubstantiated claims of the officers and failing to report any countervailing evidence or context crucial to understanding the story....
"If the Canadian government can level ridiculous and baseless charges at people, throw them in jail for over two years while denying them bail for trumped up political reasons, and then have their friends in the media smear the accused, what right to protest does anyone have? What right to free speech, or to any other civil liberties? The trial of these men in Alberta, like the trial of Donald Trump, raises serious questions about our democracy. It is clear that those in our ruling class would rather control the narrative so that you don't ask them."
After Pierre Poilievre met with carbon tax protesters camped at the Nova Scotia border, Press Progress reported that some of the protesters had been "at events with 'Diagolon' influencers;" then CTV News claimed that they were "affiliated with ... the far-right group Diagolon;" then Justin Trudeau (see video) began calling them "members of Diagolon." Only one reporter bothered to visit the camp and ask the protesters.
April 26, 2024 - "Despite claims made by Press Progress and CTV News, protesters at the Nova Scotia and New Brunswick border have no connection to podcaster Jeremy Mackenzie’s fictitious meme country Diagolon. Justin Trudeau and some media corporations made the sensational claim after Pierre Poilievre visited a carbon tax protest while in between events in Atlantic Canada.... The protesters have been camped at Fort Lawrence, Nova Scotia, since Justin Trudeau hiked the carbon tax by 23% on April 1....
"Protest organizer Tommy Everett told True North in an interview that none of the approximately ten people who protest overnight at the camp support Mackenzie or have any connection to his fictitious country. 'Us being with Diagolon is just, grasping at soggy paper straws,' Everett said. 'Because they seen a drawing that somebody drew two or three years ago on the inside of a camper with numerous other signatures from people all over Canada.'
"He said the drawing of the flag ... was done in Ottawa during the Freedom Convoy. ''The person that owns the trailer was a mechanic at the Freedom Convoy. He had a diesel heater inside. So everybody (protesters) used that space to get warm while they were strolling up and down the streets,' he said. 'It was kind of a pop-in, you know, warm yourself up, get a cup of coffee, have a cookie, and then after you’re warm, continue on your way.' At the Freedom Convoy, it was popular for people to sign each other’s trucks, trailers, cars and flags....
"'That was the only time that (the person who drew the flag) stepped foot in the camper,' Everett said. 'They haven’t been in the camper since, nor have they been down here at any time. Since this protest has happened, they haven’t even stepped foot on the property nor the highway we’re protesting on.'
"Tommy said he was familiar with Mackenzie but hasn’t wanted 'anything to do with him' since he 'joked' about raping Poilievre’s wife. 'We don’t support the sexual assault of women. We support women being our equal counterparts. Anything that involves any kind of violence against anybody, we do not support,' he said. 'To reiterate, nobody here supports Jeremy. nobody at all.'
"The NDP aligned, Broadbent Institute funded, Press Progress’s report quoted from the Emergencies Act Inquiry which noted that law enforcement viewed Diagolon as a 'potentially dangerous organization.' The reporting did not include information from an 85-page investigative report co-authored by journalists Caryma Sa’d and Elisa Hategan, which found the Trudeau government and the legacy media reports overly relied on the same source of flawed information from the Canadian Anti-Hate Network, which receives funding from the Liberal government.
"Internal communications between Canadian officials showed they did not view Diagolon as an extremist threat or even an organized group were included in their report. The RCMP said Diagolon 'does not pose a criminal or national security threat'.... Canadian national security official Matthew Dejardins said 'Diagolon does not meet dictionary definitions of a group,' on March 16, 2022.
"When asked at the Public Order Emergency Commission, Tom Marazzo said Diagalon is a 'meme.' 'The vice president of Diagolon, being a time-travelling cocaine-addicted goat, that’s just an internet meme that has no meaning at all,' Marazzo said. At the inquiry, Mackenzie testified that the 'demonic goat figurine' is named Philip."
This past week, Justin Trudeau has been crossing the country warning about Pierre Poilievre's ties to something called "Diagolon". (For example, see video below, at 0:43-0:50). But how much do most Canadians know about Diagolon and its founder, Jeremy MacKenzie? Where can we learn more about them? No better place to start than this article....
September 19, 2023 - "The federal government believed Canadian Forces veteran Jeremy MacKenzie posed a threat to national security and media outlets labelled him as the leader of a dangerous militia group. But who is Jeremy MacKenzie, and is he just a comedian as he claims, or a security concern? MacKenzie’s supporters say he is a comedian known for his satirical and humorous takes on social and political issues and his controversial statements and actions are part of his comedic persona, rather than indicative of any real-world threats.
“'He's very good for morale,” said Dr. Matt Tucker, a military doctor who got to know MacKenzie when he was stationed on the same base.... 'He’s what we call a morale raiser. Not everybody's going to understand this kind of humour. Not everybody's going to appreciate it.' Likewise, Peter Kitto, a trauma counsellor for veterans, law enforcement, and emergency responders, and who is one of MacKenzie’s supporters, said his dark humour keeps many from putting a gun in their mouth....
"MacKenzie was a 15-year-old high school student when the airplanes crashed into the World Trade Center buildings in New York on 9/11. As he watched the terror unfold, that’s when he knew he wanted to join the army to protect his country.... At 17 he enlisted and by the age of 20 he was deployed to Afghanistan. He was an infantry non-commissioned officer and was with the elite Canadian Special Operations Forces Command.... Twenty-seven men were killed during MacKenzie’s deployment. Seven of them were his close friends....
"MacKenzie was stationed in Germany and the United Arab Emirates. He trained soldiers in Jamaica and participated in exchange programs with the U.S. Marines.... After 14-and-a-half years, Master Corporal MacKenzie retired from the military, a decorated soldier. He received the Sacrifice Medal, ... a general campaign star from the Afghanistan war and a Canadian Forces decoration for more than 12 years of service with a spotless record....
"After returning from combat, MacKenzie felt betrayed by the Canadian government and the Canadian Armed Forces for their treatment of veterans. That anger and rage is evident in his podcast under the name Raging Dissident. He jokes that listeners have to be f***** up to appreciate his humour.
"In 2020, MacKenzie came to Saskatchewan from Nova Scotia and had only planned on staying a couple of weeks but then COVID-19 lockdowns happened so he ended up living here for two to three years.... It was during this time that MacKenzie came up with the idea of ... 'Diagolon,' a fictitious country in a parallel universe and used it as an analytical commentary on current events and politics.
"He said he had noticed that Alberta, Saskatchewan, and Alaska, along with the Mid-Western states of Texas, Florida, South Dakota, formed a geographical diagonal line of states and provinces that resisted federal government-imposed mandates....'I kind of found it amusing that there was this kind of geographical divide,' he said.
"He then created the “Diagolon” flag on his cell phone and it became a symbol of his podcast. The vice-president of Diagolon was a cocaine-addicted, time-travelling goat named King Phillip. Diagolon was at war with 'Circulon.' Bees were bred to terrorize Diagolon’s enemies and a bee, Jeffrey, died in a kamikaze mission when he was swallowed by Doug Ford during a press conference. Diagolon had capital punishment. During game show hypothetical executions, in 'Dumpster Toss' someone is tossed from a tall building into a dumpster. Then there’s 'Torn Apart by Wolves' where the accused is put on an iceberg with hungry wolves. In 'Gun or Rope,' spectators get to choose between a firing squad or the gallows. The game show portions of MacKenzie’s podcasts ... were soon taken as 'evidence' that MacKenzie and Diagolon were promoting violence. MacKenzie, however, thought it was self-evident that Diagolon was a joke.
"It seems the RCMP didn’t perceive Diagolon as a group, a militia, or a security threat. 'Diagolon does not pose a criminal or national security threat,' said the RCMP. 'The Canadian Anti-Hate Network (CAHN) is cited as the main authority on the group by all mainstream media outlets; due to the fact that all information traces back to one source, triangulation and the verification of facts is almost impossible at the current time.'
"Before long, others not seeing that Diagolon was a joke became the joke, said investigative journalist and Ontario lawyer Caryma Sa’d. MacKenzie ... egged on the media to sensationalize Diagolon – and they took the bait. In November 2021, Jeremy circulated a group photo taken at a family barbecue in Viscount, Saskatchewan. The photo showed masked men with hunting rifles and the Diagolon flag.... MacKenzie posted it to social media and put “redacted” over everyone’s eyes.... He said he thought there was 'an outside chance' that someone in the media would take the photo, which they did and called it a militia training camp. 'No one's really interested in hearing my side of anything,' he said, adding that no media had ever called him to ask for his version. 'They just kind of played this crazy game of telephone. And it just got more and more insane as time went on.'
"And it did get more insane.... On Feb. 14, 2022, the federal government invoked the never-before used Emergencies Act largely because of Diagolon’s perceived threat to national security. After invoking the Emergencies Act, then Minister of Public Safety Marco Mendicino, told reporters: 'Several individuals at Coutts have strong ties to a far-right organization [ie, Diagolon] with leaders who are in Ottawa.'...
"Sa’d had attended the POEC inquiry and said that Diagolon seemed to play a big role in the use of the Emergencies Act. 'There were a number of factors that the commissioner identified as warranting the Emergencies Act but I do think (Diagolon) was a big part of it. Diagolon was a thread that appeared woven throughout.' Sa’d said that MacKenzie had never been to Coutts and wasn’t in communication with any of the accused leading up to their arrest.
"In fact, numerous videos played at the POEC inquiry showed MacKenzie urging all of his Diagolon fans to remain peaceful during the Freedom Convoy protests in Ottawa. At one point during the Freedom Convoy in Ottawa, MacKenzie said he became concerned about some individuals who could potentially become violent and he had called the RCMP to notify them, the inquiry heard. No one followed up on his concerns.
"In September 2022, a Canada-wide warrant was issued for MacKenzie’s arrest. He was arrested in Nova Scotia and flown back to Saskatchewan to face charges of assault, pointing a firearm, using a restricted weapon in a careless manner, and mischief. In August [2023], all of the charges were stayed in Saskatoon Provincial Court. MacKenzie believes that he was targeted and questions the timing of the charges being laid and flown to Saskatchewan on a national warrant. 'A lot of people's eyebrows were raised about that,” he said. 'And I was denied bail. Right? I have no record. And there's no reason to do this'....
"He said when he was arrested, the media acted like they had captured Osama bin Laden.... 'They flew me out to Saskatoon in ankle chains and wrist chains and belly chains on an RCMP flight with four or five cops like I’m Pablo Escobar,' said MacKenzie. 'It was crazy. And, you know, there was a stabbing, or killing at one of the clubs downtown in in Saskatoon where a woman killed another woman and she was out on bail the next day. It really felt like I was being treated a little differently than some other people.' It took two months before MacKenzie was finally granted bail....
"Kitto said that he spoke with MacKenzie several times while he was on remand at the Saskatoon Provincial Correctional Centre.... Kitto said that MacKenzie was falsely targeted as a white supremacist and housed with Indigenous street gangs. Kitto said white supremacy is so foreign to MacKenzie’s knowledge and experience.... Kitto said the term 'racist' is overused in today’s cancel culture and he doesn’t consider MacKenzie a racist. 'Everybody’s a racist. That’s the new tag right? If you have an opinion on something well you’re a racist. It’s just being created to divide'.
"When Dr. Tucker watched as the media portrayed MacKenzie as a terrorist and a security threat, he was flabbergasted. 'I thought it was a bit ridiculous. I was taken aback. I mean, listen, and can I say this? I'll be honest with you because I know you work for the media and I don't mean this to be offensive in any way, but I, like a lot of people who have been in the military, have not been a huge fan necessarily of the media at all times. But I never expected anything like that. You know what I mean? I just thought it was crazy. I was like, this isn't the person that I know'....
"Kitto said the media and the government needed a boogeyman and they found one in MacKenzie. 'It was just laughable,' said Kitto. 'It's just incredible to speculate that all these guys (Diagolon fans) have a hidden agenda, and they're just using humour to cover it up. Like, OK, where's the secret bases? Where's the training facilities? Where's the membership? It's just absolutely laughable. That's a joke in itself.'"
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