Allen Remley, a 70-year-old former missionary charged with mischief and obstructing justice during the 2022 Freedom Convoy protest, will be retried after the Crown successfully appealed his 2023 acquittal.
Protester’s Overturned Acquittal Could Have Impact on Freedom Convoy Case: Expert | Epoch Times | Canadian Press:
January 30, 2024 - "An Ontario court’s order to retry a Freedom Convoy protester could have implications for the ongoing trial of the protest’s two key organizers. The Superior Court of Justice ordered a retrial last week for Allen Remley, a convoy participant who had been acquitted on a mischief charge. Mr. Remley was acquitted last year by Justice Heather Perkins-McVey, who is also presiding over the criminal trial for organizers Tamara Lich and Chris Barber.
"The court ordered a retrial after concluding Justice Perkins-McVey didn’t adequately take the context of the protest into account. University of Ottawa criminologist Michael Kempa says that means the judge will have to apply a broader standard when the time comes to rule on Ms. Lich and Mr. Barber."
Allen Remley (right), a 70-year-old grandfather from Ontario, pictured in Africa performing missionary work, was acquitted on mischief charges in relation to the Freedom Convoy. The Crown launched an appeal of his acquittal in April 2023.
(Photo courtesy Jim Karahalios.) Epoch Times.
Police case against man accused of refilling jerry cans at convoy protest fizzles in court | Ottawa Citizen} Gary Dimmock:
April 17, 2023 - "Remley was accused by police of mischief for aiding and abetting the convoy protest by refilling jerry cans in what they called a 'mobile gas station' at Kent and Nepean streets. The little kids’ wagon investigation began on Feb. 12, 2022.... Const. Jonathan Kenney was dispatched to investigate the little red wagon around 11 a.m.... On Feb. 12, 2022, there were still no orders for protesters to leave as the Emergencies Act wasn’t triggered until days later.
"When Kenney testified at trial, he initially said he saw jerry cans on a kid’s wagon near Remley’s truck, but couldn’t say exactly where.... The constable said there were no horns blasting, but he could hear the sound of generators and truck engines. He never actually saw the grandfather refilling any jerry cans and described Remley as cordial, polite and pleasantly defiant.
"The police investigation about the little red wagon was deemed so dangerous that Ottawa police officers retreated because they were outnumbered and surrounded, with bystanders telling Kenney to leave the grandfather alone.... Kenney also told court that Remley never incited the crowd or interacted with them in any way.... He told court he had to abandon his investigation because they were outnumbered by people who he said didn’t appear to be leaving any time soon. 'The investigation was not worth it,' the officer testified....
"The officer told court that he never gave Remley the right to counsel and never ordered him to leave, but rather asked him to consider leaving.... He also admitted in the circumstantial case adopted by the Crown that he didn’t know what liquid was, if any, in any jerry cans and certainly didn’t see Remley filling any of them up.
"Speaking about the acquittal on obstruction of police, Perkins-McVey said there was no evidence whatsoever that Remley made it more difficult for the officer to do his job. The judge also noted that Remley didn’t incite the crowd.... The judge summed the case up by saying, 'Based on the evidence before me, the best we have is jerry cans in a wagon 10 feet away with dozens of people milling about."
