All charges have been stayed against elderly woman arrested during the Freedom Convoy protest in Ottawa

Standing just 5 feet tall, Joanne Walsh, a grandmother in her early 70s originally from Ottawa who now resides in Burlington, was arrested during the Freedom Convoy protest on February 19, 2022, following the invocation of the Emergencies Act. Walsh faced two counts of mischief and one count of obstructing a peace officer.

Walsh spoke with The Canadian Independent over the phone after her court appearance today and said, like many Canadians, she headed to Ottawa to protest the federal government's COVID-19 pandemic lockdown restrictions and border measures.

Initially, Walsh says she was represented by a lawyer provided through The Democracy Fund for her Freedom Convoy-related charges. However, after discussions between her lawyer and the Crown about a possible plea deal, including a suspended sentence, probation, and a fine, Walsh opted to represent herself and take her case to trial.

“I wanted to take this trial all the way. I wasn’t in a position to accept any plea deals,” Walsh said.

Walsh says she appeared in court today expecting her trial to begin but was informed that all charges against her would be stayed. She believes the decision to stay the charges stemmed from “obvious evidence tampering” in her disclosure.

Her case is one of many arising from the controversial invocation of the Emergencies Act, which a federal judge ruled unconstitutional on January 23, 2024. Justice Richard G. Mosley’s decision has since sparked numerous lawsuits against the federal government, including one involving Walsh herself. The federal government has since filed an appeal against Mosley’s decision, and a first hearing date is expected in early 2025.

Walsh was also part of a lawsuit against the federal government over the ArriveCAN app, which was introduced during the COVID-19 pandemic to enforce public health and border measures for travellers entering Canada.

The app required travellers to submit mandatory information before arrival, including proof of COVID-19 vaccination, details of their quarantine plan if applicable, and a self-assessment of symptoms. Launched as a voluntary tool in April 2020, it became mandatory for most travellers in November 2020, with non-compliance leading to potential fines or enforced quarantine.

In the summer of 2022, Walsh travelled to the United States for a short trip after the border reopened. Upon her return to Canada, she presented her vaccine certificate to border agents, who refused to accept it, insisting she use the ArriveCAN app. When Walsh declined, she was issued a ticket and ordered into a 14-day quarantine.

On August 24, 2022, the Justice Centre for Constitutional Freedoms (JCCF) filed a constitutional challenge against the federal government on behalf of 11 Canadians, including Walsh, who were either fined or ordered to quarantine for not using the ArriveCAN app. However, the Federal Court ruled the case moot on July 19, 2023, and the JCCF decided not to appeal.

Reflecting on her victory in court today, Walsh broke down in tears. “You’re never too old to fight for your country,” she said. “I wanted to be a voice for the 170 people who were arrested alongside me on February 19, 2022.”