GD's Political Animal: bail

Showing posts with label bail. Show all posts

Tuesday, May 7, 2024

Canadian far-left activist arrested and denied bail

Deana Sherif, a serial protester for far-left causes in Canada with a history of violent and harassing behavior, has finally been arrested and charged (and denied bail) after she allegedly assaulted a police officer making an arrest.

Canadian anti-Israel activist charged for assault during Ottawa protest | Jerusalem Post | Michael Starr:

April 29, 2024 - "An Ottawa anti-Israel activist was arrested and charged with assault and hate-motivated harassment during an April 15 protest in the Canadian capital, local law enforcement announced on Saturday. Deana Sherif, 47, is alleged to have assaulted a person with a 'handheld sound amplifier' after the victim had walked near an anti-Israel demonstration and argued with her. Sherif used the device at a different location later in the day against another victim. Sherif allegedly verbally abused both victims, shouting 'hateful messages' at her target at the later event.

"In addition to charges for intimidation by disorderly following, possession of a weapon dangerous to the public, and two charges for assault with a weapon and hate-motivated harassment by threatening conduct, Sherif allegedly assaulted a police officer to prevent them from arrest. 'While police were attempting to effect a lawful arrest, the individual inserted herself into the situation, and in doing so, physically assaulted one of the officers,' said The Ottawa Police Service Hate and Bias Crime Unit and Central Criminal Investigation Section.

"Journalist Chris Dacey, who shared on X on Saturday that he has documented Sherif acting violently at such protests, said, 'It's well past time she faces consequences for her actions.'"

Deana Sherif. Courtesy Caryma Sa'd / X / Western Standard.

Canadian social justice activist denied bail for assault, obstruction charges | Western Standard | Jonathan Bradley:

April 29, 2024 - "Canadian social justice activist Deana Sherif will be facing accountability for aggressive actions after years of bothering conservatives. Sherif had been denied bail at a Sunday court appearance after being charged with offences such as assaulting a police officer, obstructing a peace officer, and assault with a weapon. The judge had imposed a publication ban to cover the reasons for the decision....

"Sherif had been brought before a virtual court for bail proceedings. About 120 people attended the court hearing. No one was allowed to record it....

"Sherif acts as a perpetual protestor, who attends demonstrations for various causes across Ontario. She has a history of violent and harassing behaviour, with limited police intervention to protect people. It is alleged she assaulted a police officer with the intent to prevent an arrest at an Ottawa protest on April 15 among other serious charges....

"While the ruling had been pushed off, the court appearance ended because of the abrupt display of pornography from an unknown participant."

Friday, April 26, 2024

Green Party deputy leader jailed for contempt

Green Party deputy leader sentenced to 60 days for role in Fairy Creek protests | Victoria Times-Colonist | Roxanne Egan-Elliott

April 24, 2024 - "An old-growth logging protester and deputy leader of the federal Green Party has been sentenced to 60 days in jail for her role in the Fairy Creek protests. Angela Davidson, also known as Rainbow Eyes, was convicted in January of seven counts of criminal contempt for breaching an injunction covering the Fairy Creek area and breaching her bail conditions for incidents spanning from May 2021 to January 2022.

"Davidson was initially arrested after blocking a road by chaining herself to a gate in the Fairy Creek injunction area. She was released on condition that she not return to the area. The subsequent offences involved returning to the injunction area, ignoring the terms of her house arrest.

"Davidson, 38, was sentenced in Nanaimo Wednesday to 60 days in jail, minus 12 days for time served pre-trial, and 75 hours of community service.... Green Party Leader Elizabeth May ... who sat next to Davidson’s parents during the hearing, said she was horrified by the length of the sentence.

"Davidson was appointed deputy leader of the Green Party in early 2022 by then interim leader Amita Kuttner and reappointed by May when she replaced Kuttner.

"More than 1,100 arrests were made in the Fairy Creek protests, making it the largest act of civil disobedience in Canada."
Read more: https://www.timescolonist.com/local-news/green-party-deputy-leader-sentenced-to-60-days-for-role-in-fairy-creek-protests-8648322

Green Party’s May distraught over deputy leader’s logging protest conviction, jail time | Western Standard | Shaun Polczer:

April 25, 2024 - "Angela Davidson — also known as ‘Rainbow Eyes’ — was convicted in January of seven counts of criminal contempt for breaching a court injunction and bail conditions for a series of protests at the Fairy Creek logging camp on Vancouver Island in the spring of 2021. On Wednesday she was sentenced to 60 days and 75 hours of community service for her role in the protests near Port Renfrew that saw more than 1,000 people arrested at the Teal Cedar Products logging camp where it had licences to cut old-growth timber.

"After her initial charge, Davidson was subsequently arrested six more times for returning to the area when she had been ordered not to and for breaching the terms of her house arrest.....

"In response to the sentence, May accused the courts of protecting corporate profits over the public interest. In a statement she said the party stands 'in solidarity with our brave deputy leader Rainbow Eyes who is to lose her freedom for the "crime" of trying to protect the old growth forest the provincial government had said it would protect from logging — and then did nothing.'”
Read more: https://www.westernstandard.news/bc/green-partys-may-distraught-over-deputy-leaders-logging-protest-conviction-jail-time/54097

Rainbow Eyes is a rabble rouser to watch | rabble.ca News | September 2, 2022:

Sunday, October 8, 2023

Why are the Coutts 4 still in jail?

Why are the Coutts 4 still in jail, with no bail and no trial date, more than 18 months after their arrest? A former Freedom Convoy participant suspects the worst.

Justin Trudeau's Political Prisoners | Newsweek | Gord Magill:

July 13, 2023 - "It's been 18 months since Canada's Freedom Convoy rocked the world, when truckers from all corners of Canada descended on Ottawa to protest Prime Minister Justin Trudeau's vindictive and punishing vaccine mandates. The ... shockwaves were felt throughout the world—both from the power of the protest and the vicious response to it by Trudeau. While the Convoy was still hundreds of kilometers from Ottawa, Trudeau's Public Safety Minister, Marco Mendocino, was planning a media campaign deploying 'a similar message to the one used in response to the Jan. 6 attacks in Washington, D.C.' which would emphasize the 'more extreme elements' of the protestors. Trudeau memed himself into believing that a January 6 type insurrection was about to storm Parliament Hill, and promptly vacated the city to hide at a chalet in rural Quebec, where he remained for several days....

"Trudeau invoked The Emergencies Act, which allows the Canadian government to suspend civil liberties in the face of a so-called state of emergency. The invocation brought an end to the protests and launched a Kafkaesque nightmare for many who were involved. Bank accounts were seized and funds confiscated. Tamara Lich was arrested, and still faces charges of 'counseling mischief' for her role organizing the protest. And four others — Chris Lysak, Chris Carbert, Anthony (Tony) Olienick, and Jerry Morin — have been held without a trial and without bail for charges related to 'conspiracy to commit murder' against Canadian police officers at the Coutts, Alberta border crossing.

"These are serious charges, which should imply serious evidence presented at an expeditious trial; yet at time of writing, it has been 515 days since these men were arrested, and no trial has yet taken place. Worse, the evidence on offer is vague and ambiguous: text messages, testimony from two undercover RCMP officers working the crowd at the Coutts protest site, and a widely circulated photo of allegedly confiscated weapons that provided the main justification for the invocation of The Emergencies Act.

"Whatever the charges against them, the denial of bail is an egregious departure from the norm, and has been given no explanation. As Donald Best, a former detective and 15 year veteran of the Toronto Police Services, pointed out, everybody gets bail in Canada, including a suspect accused of the first degree murder of a Toronto Police Officer.... Yet there's no bail set for the Coutts Four, whose ... actual trial date will be set for some time in 2024. These are political prisoners, pure and simple. They are being denied basic rights due to even the most violent of criminals because they are on the wrong side of the Trudeau government. They are being used as a fig leaf, the last shred of Trudeau's legitimacy for invoking The Emergencies Act and for the massive overreach of freezing bank accounts and seizing assets that it incurred.

"It seems that Trudeau is determined not only to smear the Convoy as a Jan. 6 Canadian redo, but to treat the Coutts Four in a similar way, depriving them of their civil rights as the United States did to many protesters arrested in the days and weeks following that fateful day in D.C. Hundreds spent over a year in Guantanamo Bay-like conditions in D.C. prisons, denied bail and treated worse than convicted rapists and serial killers.... But few in Canada are willing to expose our version of these abuses.

"Margaret 'Granny' Mackay of Fort Saskatchewan, Alberta is one of them. Mackay is the creator and administrator of the Alberta Political Prisoners Facebook page and is in regular contact with the accused and their legal team. Mackay has highlighted the subpar treatment the men have received in remand, including being held in segregation, a polite term for the torture known as solitary confinement; having necessary medical treatment delayed; being denied supplements for treating specific health issues; and being granted extremely limited visitation time from family.

"Did they commit crimes worthy of such treatment? We just don't know. As Mackay has maintained through all of this, 'I'm after the truth. The truth is locked in a remand center right now, and it's not being allowed out'.... Jason Lavigne, an independent journalist in western Alberta, put it [that] "There is an inverted house of cards Trudeau, Mendocino, Rouleau, all of these people have built, and at the bottom are the Coutts 4.' If these men are exonerated, Canadians will start demanding answers about a whole lot of other things....

"The Coutts Four are the last of Trudeau's political enemies whom he can punish with impunity; they have no power and the full weight of the state against them. If his government can allow murderers and terrorists out on bail, they should extend the same to the men from Coutts and get on with the trial.... We don't yet know if these men are innocent or guilty of the charges against them, but it flies in the face of justice that they have not yet faced trial and have been denied bail."

Fort Macleod Councillor speaks on the plight of the Coutts 4 | Marco Van Huigenbos, Guest | Bridge City News | June 30, 2023:

Thursday, December 22, 2022

Alleged RCMP spy gets bail after 3 years in jail

RCMP official accused of breaching Canada's secrecy law released on bail | CBC News:

December 21, 2022 - "After three years behind bars awaiting trial, Cameron Ortis, the RCMP official accused of breaching Canada's secrecy law, has been released on bail.Justice Robert Maranger presided over the bail review and delivered his decision in Ontario Superior Court on Wednesday. The reasons behind his decision and the evidence and testimony heard in court during the review hearing are all covered by a publication ban.

"Ortis, who served as director general of the RCMP's national intelligence co-ordination centre, is charged with violating the Security of Information Act. He is accused of trying to share sensitive information with a foreign entity or terrorist organization and also has been charged with sharing operational information in 2015. Ortis was briefly released on bail and ordered to live with his parents in Abbotsford, B.C., in October [2019; see Background - gd], before his bail was revoked. He's been in custody ever since.

"Ortis is scheduled to go to trial in October 2023."

Background

Alleged RCMP spy Cameron Ortis ordered back to jail pending trial | CBC News - Catherine Tonney:

November 8, 2019 - "Today, Ontario Superior Court Justice Marc Labrosse revoked the 47-year-old's bail, ordering the head of RCMP's national intelligence co-ordination centre back into custody. Labrosse's reasons and the details of the Crown's review application are covered by a publication ban, along with the evidence and submissions heard during the bail hearing.

"Ortis was released on bail to his parents' care in Abbotsford, B.C. on Oct. 22. He was forbidden from using any device that connects to the internet and told to report to an RCMP detachment every week. The court heard the Crown's application for a bail review last week. It was granted."

"The smartest guy in the room: Cameron Ortis and the RCMP secrets scandal" - The Fifth Estate, CBC, December 8, 2020:

How a high-stakes gambler set authorities on the trail of accused Canadian spy Cameron Ortis | CBC News - Scott Anderson, Andrew Culbert, Bob McKeown:

December 7, 2020 - "A high-stakes American gambler who is an FBI informant and goes by the nickname Robin Hood 702 played a key role in a series of events that eventually led the RCMP to charge their head of intelligence, Cameron Ortis, with leaking secrets. R.J. Cipriani, whose nickname incorporates the 702 Las Vegas area code, built his reputation by winning money in casinos and donating much of it to worthy causes.

"But in 2011, he was asked to gamble money in Australia by former U.S. college football player Owen Hanson.... [F]earing he was being drawn into criminal activity, he went to the FBI. That led to Hanson being charged and convicted of drug trafficking.... Police discovered six encrypted cellphones Hanson had purchased from Richmond, B.C.- based Phantom Secure, a company the RCMP had been investigating for allegedly supplying encrypted technology to organized crime. The FBI then joined with the RCMP and Australian police in an investigation of Phantom Secure. Ortis is alleged to have offered Phantom Secure secret information.

"In March 2018, the FBI arrested Phantom Secure CEO and founder Vincent Ramos in Washington state. Federal police in Australia also raided several locations and seized more than 1,000 Phantom Secure cellphones. In Canada, the RCMP executed search warrants on Ramos's home and business addresses in British Columbia, but it is still unclear what they seized. It appears the RCMP information to obtain the warrants has been sealed.

"At the time of the Ramos arrest and raids, the RCMP said little about the case and it received scant media attention in Canada. But that changed 18 months later when the RCMP arrested their own intelligence chief, Cameron Ortis, in part for allegedly leaking operational information to Ramos."

Thursday, July 28, 2022

Judge orders Tamara Lich released on bail

Tamara Lich is granted bail, again | Western Standard - Matthew Horwood:

July 26, 2022 "Freedom Convoy organizer Tamara Lich has once again been ordered released from jail, after the Ontario Superior Court found errors in the decision to revoke her bail two weeks ago. Ontario Superior Court Justice Andrew Goodman ruled Tuesday that the earlier order on July 8 for Lich’s detainment was 'inappropriate.'

"Goodman said Justice of the Peace Paul Harris had made 'erroneous' conclusions and 'misapprehended' the evidence against Lich when deciding she broke her bail conditions. Goodman said Lich had been in strict compliance with the terms of her bail conditions, except for meeting with fellow Freedom Convoy organizer Tom Marazzo at Justice Centre for Constitutional Freedoms awards gala.

"Lich, who was arrested on February 17 by Ottawa Police Service, was granted bail on March 7. Lich was re-arrested on June 27 for breaking the conditions of her bail by meeting with Marazzo at an awards gala in Toronto. On July 8, Justice of the Peace Paul Harris told Lich, 'your detention is necessary to maintain confidence in the administration of justice'....

"Goodman said Harris had a 'bold assertion' that Lich endangered the public, and that the freedom protests still going on in Ottawa should be attributed to her. He said Harris also should have 'grappled with' the circumstances of Lich being a non-violent, first-time offender. While [Crown Prosecutor Moiz] Karimjee had suggested Lich could be given a 10-year sentence for mischief and obstruction, to which Harris agreed, Goodman said Lich's charges were minor.

"Goodman warned Lich to abide by the conditions of her bail, adding he does not expect her to be released a third time if her bail once again comes into question.

"Lich faces charges of mischief, obstructing police, counselling others to commit mischief and intimidation. She is scheduled to appear in court again on July 28.... Lich [has] spent a total of 48 days in custody at the Ottawa-Carleton Detention Centre since her initial arrest."

Friday, July 22, 2022

Pat King granted bail after 5 months in jail

Freedom Convoy leader Pat King granted bail | CBC News [stress added]:

July 18, 2022 - "A key figure of the Freedom Convoy protest has been granted bail after spending five months in jail, an Ottawa court decided Monday. Pat King emerged from the Elgin Street courthouse to hugs and cheers from supporters, who waved Canadian flags and chanted freedom.' King couldn't speak to reporters as a condition of his release.... There's a publication ban on the evidence and reasons for the decision.

"King was back in an Ottawa courtroom after waiting months to hear if he would be released on bail, since his bail review in April came to an abrupt halt due to new charges against him.... King's then-defence lawyer had requested a review of the decision to keep him in custody until his trial begins....

"King, an Alberta resident, was a leading figure in the weeks-long convoy protest against COVID-19 restrictions, and was arrested on Feb. 18 on four charges: mischief, counselling to commit mischief, counselling to commit the offence of disobeying a court order and counselling to obstruct police. He faces additional charges of obstructing justice and perjury.

"On Monday, Justice Anne London-Weinstein read out the conditions of King's release. They are:

To vacate Ottawa as soon as possible, and no later than 24 hours.
To reside with a surety under supervision until he can take a flight to Edmonton.
Ottawa Police Service can check the surety's residence if required.
To reside with a surety in Alberta.
To be in employment under a surety.
To have no contact or communication with other Freedom Convoy leaders and stakeholders: Chris Barber, Tamara Lich, Daniel Bulford, Benjamin Dichter, James Bauder, Tyson Billings, Owen Swiderski, Tom Marrazzo, and Brian Carr. (Unless it's through counsel, or for his preparations for defence for his criminal charges.)
No protesting or public assembly, specifically related to COVID-19 pandemic, the Freedom Convoy and anti-government demonstration.
No social media in any form, no posting messages or having others post on his behalf. He must deactivate his Real Pat King website, Facebook page and other social media accounts within 48 hours, through a surety or counsel.
No giving interviews, including on social media.
To abide by a curfew of 10 p.m. to 6 a.m., unless he's with sureties. King must provide proof to police he is with a surety, if he's unavailable for a door-knock check.
King must post a $25,000 cash bond, to guarantee his next court appearance.
No possession of weapons or ammunition.

Saturday, July 9, 2022

Tamara Lich must stay in jail, Ottawa JP rules

'Freedom Convoy' organizer Tamara Lich to remain in jail pending trial | Toronto Sun - Erika Ibrahim, Canadian Press:

July 8, 2022 - “Freedom Convoy” organizer Tamara Lich was denied bail and will remain in custody after a justice of the peace ruled she breached a condition of her original release. Lich is facing multiple charges of mischief and obstructing police for her role in the massive protest that gridlocked downtown Ottawa for more than three weeks last winter. She is now facing an additional charge of breaching a bail condition after sitting with fellow protest leader Tom Marazzo at an awards gala in Toronto last month.

"Lich’s original bail ordered her to have no contact with several other protest leaders, including Marazzo, unless through her lawyer or while in the presence of her lawyer. Police sought a Canada-wide arrest warrant for Lich for the alleged breach of her conditions and she was arrested last week in Medicine Hat, Alta., where she lives.

"The onus was on Lich to prove appearing with Marazzo at the Toronto event did not breach the no-contact order. Justice of the Peace Paul Harris said Friday that Lich did not prove that. He has ordered her to remain in jail pending her trial, with her next court date set for July 14.

"Her lawyer, Lawrence Greenspon, said outside the courthouse he will bring an application for a bail review to the Ontario Superior Court. He said she is 'understandably disappointed' with the result and eager to regain her freedom. Greenspon had argued Lich didn’t violate the bail condition because her lawyers were present at the gala where she was seen with Marazzo....

"Lich accepted an award at the event for organizing the convoy protest against COVID-19 restrictions and the federal Liberal government. While Harris noted that Lich was given permission to attend the award ceremony, that permission did not envision her sitting at a table with Marazzo and posing for a photo with him afterward.... 'Such actions most certainly erode public confidence in the administration of justice,' he said.

"In his May ruling that Lich could remain out on bail, Ontario Superior Court Justice Kevin Phillips said he did not accept that Lich breached her release conditions by agreeing to receive an award, and added Lich could be trusted to respect the conditions of her release. Those terms were intended to prevent a similar protest from happening in the national capital, said Phillips, who noted the protest is over and has left Ottawa, and it would be 'practically impossible' to mount a similar protest in the city again.

"Both Lich and Marazzo were key spokespeople of the winter convoy protest. Marazzo is also a leader of a group calling itself Veterans 4 Freedom, which staged several rallies in Ottawa over the Canada Day weekend. Although the convoy has ended, 'freedom protests' continue in the capital and likely in other parts of the country, Harris said....

"Supporters gathered outside the courthouse Friday waving Canadian flags. Several of Lich’s supporters were also in the courtroom as the decision was read, with one woman openly weeping as the bail was denied."

Friday, July 1, 2022

Freedom Convoy Ottawa protesters call for calm, as Trudeau government re-jails Tamara Lich

Freedom Convoy leader Tamara Lich arrested in Alberta, accused of breaching bail conditions | CBC News - Meghan Grant:

Jun 27, 2022 - "Freedom Convoy leader Tamara Lich has been rearrested in Medicine Hat, Alta., for allegedly breaching her bail conditions, her lawyers have confirmed. Lich was taken into custody Monday evening, according to Keith Wilson, who represents Lich on her non-criminal cases including a lawsuit.... Lich is charged with one count of failing to comply with her release order in a warrant issued by Ontario authorities, which means she is alleged to have breached her condition in that province. She must appear in court in Ontario within six days. Police say Lich will be taken to Ottawa and is due to appear in court in that city this week.

"Eric Granger, who is one of Lich's criminal defence lawyers also confirmed Lich's arrest. Granger says he has no reason to believe his client has done anything wrong and is 'looking to learn more at this stage.'"
Read more: https://www.cbc.ca/news/canada/calgary/freedom-convoy-tamara-lich-arrested-1.6503718

Freedom Convoy leader Tamara Lich to remain in custody over Canada Day weekend | CBC News - Dan Taekema:

June 30, 2022 - "Freedom Convoy leader Tamara Lich will remain in custody over the Canada Day weekend after she was arrested this week for allegedly breaching her bail conditions. Lich was taken into custody in Medicine Hat, Alta., on Monday after Ottawa police issued a Canada-wide warrant for her arrest. She was brought back to the nation's capital and made a brief court appearance Thursday. Crown prosecutor Moiz Karimjee requested a full day for a bail hearing, which is scheduled to take place on July 5.

"Lich remains in custody as several groups — most of which formed out of the Freedom Convoy — are planning protests in Ottawa starting on July 1 and continuing throughout the summer."
Read more: https://www.cbc.ca/news/canada/ottawa/freedom-convoy-tamara-lich-in-custody-canada-day-1.6507057

Canada Day update: "Freedom" protest party moves to Strathcona Park, organizers call for calm | Ottawa Citizen - Jacquie Miller:

June 29, 2022 - "'Freedom' groups protesting pandemic public-health measures are moving their Canada Day party to Strathcona Park in Sandy Hill. Their plans to hold a 'freedoming' picnic on the lawn of the Supreme Court of Canada near the Parliament buildings were thwarted after a fence about eight feet tall and concrete barriers were installed in front of the court on Wellington Street. 'Freedom' advocates say plans for a July 1 march downtown and a dance party on Parliament Hill are going ahead as planned....

"Two key people in the 'freedom' movement are urging demonstrators to be peaceful as anger mounts over this week’s arrest in Alberta of 'freedom convoy' leader Tamara Lich for allegedly breaching bail conditions....

"'Obviously everybody is in an uproar (about Lich) and rightfully so,' said Jerome O’Sullivan, a key person in the Freedom Fighters Canada group, in a video on social media.... 'They are trying to piss us off, trying to provoke us right now so we get violent so they can arrest us. They are trying to shut down this movement. We haven’t given them a reason, we have the right to peacefully assemble and express ourselves and we will continue to do so. But we are going to do it legally and lawfully.'

"Another key figure in the 'freedom' movement has urged people to join the protest march by James Topp in Ottawa on June 30 and the Canada Day events partly to show support for Lich and fellow convoy leader Patrick King, who is in jail awaiting trial. 'We cannot allow them to be locked up and chased down by a tyrannical government,' said a video posted on social media by Dave of Live from the Shed, a multimedia company that promotes and livestreams 'freedom' events. Dave also urged everyone to be peaceful. 'We are not going to become like the government which is attacking us. They want to stir up violence. They want you to riot, but we’re not going to do that, Canada. We are going to maintain our integrity. And we’re going to keep holding the line, just as we did in Ottawa (at the convoy protest).'"
Read more: https://ottawacitizen.com/news/local-news/canada-day-update-freedom-protesters-move-party-from-supreme-court-lawn-after-fence-erected-there

Thursday, May 26, 2022

Attempt to re-jail Freedom Convoy organizer fails

Tamara Lich can now travel to Ontario, and “courts are not thought police” | Justice Center for Constitutional Freedoms:

May 25, 2022 - "The Justice Centre has reviewed the decision of Ontario Superior Court Justice Kevin Phillips regarding the appeal of Tamara Lich’s bail conditions. Ms. Lich was one of the participants of the peaceful protest in Ottawa against vaccine passports this past February.

"In a decision given orally on May 25, 2022, Justice Phillips said the Courts are not 'thought police' and are not in the business of controlling political views. While Justice Phillips upheld a sweeping social media ban which Ms. Lich’s lawyer objected to, he also said that Ms. Lich has the presumption of innocence, and did not find that she violated any of her previous bail conditions.... Justice Philips set new bail conditions.... Ms. Lich is prohibited from communicating with other pro-freedom activists, using social media, organizing or aiding protests, and entering the downtown part of Ottawa unless for court.

"During the bail appeal hearing that took place on May 19 and 20, 2022, Assistant Crown Attorney Moiz Karimjee argued that Ms. Lich should be put back in jail because she had accepted the Justice Centre’s 2022 George Jonas Freedom Award. Mr. Karimjee suggested that Ms. Lich had breached her bail conditions by agreeing to attend the June 16 Justice Centre’s George Jonas Freedom Award dinner in Toronto, however there was no evidence before the Court that she planned to attend in person. When Ottawa police sergeant Mahad Hassan was called to give evidence for the Crown, he had no evidence other than a post on the Justice Centre website about the June 16 dinner. Sgt. Hassan speculated with his own opinion that it was a reasonable inference that Ms. Lich was attending at the annual award....

"Lawrence Greenspon, counsel for Ms. Lich, argued for the lifting of the bail conditions, specifically the ban on social media, which prevented Ms. Lich from exercising her Charter freedoms of expression and association. He argued that a finding in favour of the Crown would put the criminal justice system in disrepute.

"Justice Philips said, 'No court will ever seek to control the manifestation of political views. The courts are not the thought police and are only meant to control conduct.' However, Justice Philips justified leaving the complete social media ban in an attempt to 'prevent toxic group think.'

"On February 17, 2022, Ms. Lich was charged with counselling to commit mischief and obstructing police, among other charges. The day before Ms. Lich was charged and jailed, Ontario Superior Court Justice Hugh McLean had decreed that Ms. Lich and other Defendants in a civil action to stop honking in downtown Ottawa were 'at liberty to engage in a peaceful, lawful and safe protest.' The Prime Minister [had] declared a national emergency on February 14, in spite of the fact that Ottawa police had not arrested any of the peaceful protesters or charged anyone with a crime in the preceding weeks. Ms. Lich was jailed for 18 days, and eventually released on bail....

"'In our criminal justice system – innocent until proven guilty – and for someone with no previous criminal charges, it is our view that these revised bail conditions still excessively restrict Ms. Lich’s fundamental Charter rights of speech, assembly, association, and political advocacy,” said Eva Chipiuk, Justice Centre lawyer. 'The extent to which the Crown has pursued Ms. Lich is troubling. Homicide detectives, crown attorneys, and scarce court time are being expended on persecuting Ms. Lich and her peaceful activism against two years of repressive government lockdowns and mandatory vaccination policies,' added Ms. Chipiuk."

Thursday, March 31, 2022

Ontario anti-lockdown MPP freed on bail

Randy Hillier gets bail – but also gets silenced | Western Standard - Karen Selick:

Hillier at 2021 anti-lockdown protest, Niagara Falls, Ont, Photo: Beth Baisch, Dreamstime

March 29, 2022 -"I’ve known Ontario MPP Randy Hillier for about 20 years. I’ve found myself in agreement with him on every important issue I can think of over that time. The pandemic was no exception. I admired his courage in publicly opposing Ontario’s official government narrative about lockdowns, mask mandates and vaccination mandates. I applauded his denunciation of the tyrannical federal policies that led to the Ottawa Freedom Convoy.

"Therefore, when I received a message early Monday morning (March 28) saying that Randy was being charged with nine Criminal Code offences ... and would be surrendering to the Ottawa police that day, I was alarmed. I knew he had been accumulating provincial charges for various No More Lockdowns protests he had organized and attended around the province, but sources have been telling me that many charges of this kind are being delayed and ultimately dropped by prosecutors who don’t want to face a well-thought-out Charter challenge. Criminal Code charges by the Ottawa police were a different kettle of fish. My concern, of course, was Randy might face the kind of treatment that had been given to convoy organizer Tamara Lich, who spent two weeks in jail before finally receiving reasonable bail conditions.

"Randy retained Ottawa criminal lawyer David Anber, and a bail hearing was held via Zoom on Monday afternoon. Anber had already negotiated with Crown counsel Tim Wightman and they had hammered out an agreement under which Randy would be released on bail subject to 15 conditions he’d have to comply with. Counsel were able to agree on the wording of 14 of those conditions: standard bail terms such as posting a bond (in this case, $35,000), residing with his surety at a fixed address, not communicating with other people who have been charged with offences also arising out of the Freedom Convoy, and so on. However, they couldn’t agree on the wording of the fifteenth condition, namely what Randy would be permitted to say on social media pending trial about the issues he has been expounding on over the past two years.

"I managed to get into the Zoom call and listened to the legal arguments. The Crown wanted to restrict Randy from posting anything 'on social media of any type' regarding not only the Freedom Convoy, but also provincial policy on mask mandates, vaccination mandates, 'or the Anti-vaccine cause [sic].' He also wanted to prevent Randy from attending or providing 'any type of support (including financial support) to the freedom convoy or any anti mask/vaccine organization or causes [sic].' Anber pointed out as an elected member of the legislature, it was actually Randy’s job to comment precisely on important issues like this before the legislature. He also argued that in a free and democratic society, it’s important to have competing voices saying different things about the issues.

"The Crown prosecutor then seemed to narrow down what he was asking for. It’s forbidden on Ontario court Zoom calls to make your own recordings of the proceedings, so I had to type furiously in an effort to catch what he was saying. He seemed to concede that the wording of the disputed bail condition would not prevent Randy from making his views heard in the mainstream media or in the legislature only on social media, which the Crown described as his primary tool of communication.

"This isn’t much comfort. For starters, how is social media defined nowadays? I no longer get paper copies of major daily newspapers delivered to my door. I read them online, and frequently participate in the online comment sections. Does the electronic interaction between a newspaper and its readers nudge the paper over the line into the social media category? Is clicking a 'like' button part of 'posting?' What about sharing someone else’s post? It’s not entirely clear what will be forbidden, and the stakes would be high if Randy were to be accused of violating his bail conditions. But more importantly, I can’t see the difference in 'risk to the public' between the two types of media.....

"Justice of the Peace Logue took only a 10-minute break before deciding in favour of the Crown, demonstrating she has apparently bought the government’s pandemic narrative hook, line and sinker. Although she paid lip service to the Charter, she gave short shrift to Randy’s freedom of expression and freedom of assembly. Randy and his lawyer are contemplating whether or not to appeal.

"Meanwhile, there’s one other aspect of the bail hearing that struck me as grossly unfair.... When Randy was brought into the call at the end from his jail cell to be asked whether he accepted the conditions the judge had ordered, it was apparent that the police officer had just brought him to the phone for that purpose, and he hadn’t been allowed to listen to or watch the entire proceedings. Accused people can normally attend their bail hearings, which allows them to listen carefully to the allegations being made against them by the Crown, inform their lawyer of any important points he or she might need to know, and evaluate their own lawyer’s performance in the courtroom. Randy was denied the benefit of all of these."

Friday, March 19, 2021

Alberta pastor remains in jail

GraceLife pastor to spend at least another weekend in jail | Edmonton Journal - Jonny Wakefield:

March 18, 2021 - "Alberta’s provincial court issued a news release Thursday contradicting a claim from the Justice Centre for Constitutional Freedoms (JCCF), which is representing the GraceLife Church pastor. The JCCF on Wednesday said it expected Coates to be released from jail this week after reaching an agreement with the Crown to withdraw one of the charges Coates faced for violating COVID-19 restrictions.

"The organization said it expected the case would be dealt with Friday, which would have allowed Coates to preach at GraceLife this Sunday. But on Thursday, Alberta’s provincial court said: ... 'there will be no court proceedings involving James Coates on March 19, 2021.'

"Hundreds of churchgoers defied Alberta government pandemic health restrictions and flocked to GraceLife Church, west of Edmonton, on Sunday March 14, 2021.

"The court confirmed the case is next in court Monday. JCCF president John Carpay said he did not expect the scheduling changes anything legally, but added it is 'unfortunate' Coates will remain locked up over the weekend.

"Coates faced two charges under the Public Health Act for holding in-person worship services that violated restrictions on occupancy and social distancing. He was also charged criminally for allegedly failing to comply with his bail conditions. Coates has been in the Edmonton Remand Centre since mid-February. At least one of the Public Health Act charges is expected to proceed to trial in Stony Plain this May."

Wednesday, December 19, 2018

Cash bail requirements cost U.S. $15 billion/year

Report: Imprisoning People Who Can’t Pay Bail Costs America $15 Billion a Year - Hit & Run : Reason.com - Scott Shackford:

December 19, 2018 - "America's dependence on cash bail does more than just deprive people of their liberty merely for being accused of a crime; it also costs the rest of us a fortune....

"A new report by The Hamilton Project at the Brookings Institution attempts to measure the full financial impact of pretrial detention in the United States. Analysts Patrick Liu, Ryan Nunn, and Jay Shambaugh calculated that pretrial detentions that are the result solely of people being unable to pay bail cost the country $15 billion a year.

"They arrived at this figure by looking at the average number of people who are sitting in jails every day who have been offered bail but haven't paid it, typically because they cannot afford it. That's about 412,000 people, nearly a quarter of our incarcerated population. They calculated how much it costs to jail somebody each day. This varies wildly from state to state, but averages out to $77.67 a day, or about $28,000 a year per person....

"Liu et al. also did their best to calculate out how much money the economy loses due the amount of time somebody spends in jail and is therefore unable to work. That worked out to an average of about $8,590 annually per prisoner. All together, that comes out to $15.26 billion a year....

"The report also looks at trends of pretrial detention and finds a dramatic increase over a decade of both the number of people being held in jail prior to trial and the amount of time they have to spend waiting for their day in court.

"Since the 1990s, the number of people who have been ordered to pay bail (or some other financial obligation) in order to be freed has risen from 53 percent to 72 percent. What's more, pretrial detentions have increased even as total arrests have gone down....

"During this timeframe, the amount of time it took between arrest and adjudication for people charged with crimes increased in pretty much every category.... So people who cannot afford the increasing amounts of money being asked for their freedom are being punished with even longer waits behind bars....

"About 50 percent of those who are released before trial need a commercial bond (as in a bail bondsman) to cover the court's imposed bail. That means they have to pay typically 10 percent to the bondsman to be freed, which is money they never get back. Essentially, they're being ordered to pay a fine to a third party (sometimes in the thousands of dollars) to be released. If they don't, they sit in a jail cell. Either way, they're punished prior to conviction."

Read more: https://reason.com/blog/2018/12/19/report-imprisoning-people-who-cant-pay-b
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