All criminal charges have been stayed against former MPP Randy Hillier related to the Freedom Convoy protest in Ottawa

Randy Hillier, a former Ontario Member of Provincial Parliament (MPP) and prominent figure in the 2022 Freedom Convoy protest in Ottawa, has had all charges against him stayed. The Ontario Superior Court of Justice ruled on November 14, 2024, that delays in Hillier’s prosecution violated his right to be tried within a reasonable time under Section 11(b) of the Canadian Charter of Rights and Freedoms.

In her 28-page decision, Justice McVey concluded that the 34-month delay from Hillier’s initial charges in March 2022 exceeded the 30-month ceiling established by the Supreme Court in R v. Jordan.

In Canada, the "reasonable time" limits for trials are governed by Section 11(b) of the Canadian Charter of Rights and Freedoms, which guarantees the right to be tried within a reasonable time. The specific time limits for summary and indictable offences differ.

Summary offences are considered less serious and typically carry less severe penalties. These offences generally include minor crimes like trespassing or causing a disturbance. Under Canadian law, summary offences must be prosecuted within 18 months of the accused being charged, as per the Supreme Court's ruling in R v. Jordan. If the trial does not occur within this timeframe, the accused may argue that their right to be tried within a reasonable time has been violated, potentially leading to a stay of proceedings.

For indictable offences, the time limit is generally 30 months from the date charges are laid to the start of the trial. This limit applies to cases in provincial courts. If the delay exceeds 30 months, the court may grant a stay of proceedings unless there are exceptional circumstances, as outlined in R v. Jordan.

Hillier faced several charges, including two counts of mischief, three counts of counseling to commit an indictable offence, three counts of obstructing a peace officer, and one count of assaulting a peace officer. The Crown was proceeding by indictable offence, and a four-week judge-and-jury trial was scheduled to begin on January 27, 2025. If convicted, the Crown was seeking a 3½-year prison sentence for Hillier.

Hillier turned himself in to Ottawa police in March 2022 and was placed on a $35,000 bond with an order not to post on social media about the Freedom Convoy or COVID-19 mask and vaccine mandates.

Hillier spoke with The Canadian Independent by phone after the decision was handed down and said he fired his lawyer in late 2023 after spending approximately $100,000 on legal fees. His lawyer had estimated the total cost of going to trial at over $500,000, which Hillier said he was unwilling to pay. Hillier decided to represent himself for the remainder of the court process, doing so for almost a year.

In August 2024, Hillier retained another lawyer to help formally file an application claiming that the prolonged delays in his case violated his Charter rights. The court heard his arguments on October 3, 2024, and Justice McVey ultimately agreed, determining that most of the delays were not the defense's fault.

The court determined that only 65 days of delay could be attributed to Hillier, mainly due to his initial counsel’s refusal to attend a pretrial conference during a pending change of venue motion. While the Crown argued that a 2023 Supreme Court decision in R v. Haevischer caused unavoidable delays in Hillier's case, the court ruled that it accounted for only 40 days of exceptional circumstances. Justice McVey criticized the Crown for failing to address other delays, including the rescheduling of Hillier’s change of venue motion. After these two deductions, Justice McVey calculated the net delay at 31 months and 13 days, exceeding the 30-month limit.

Hillier expressed relief after the decision. “My wife and I are wonderfully happy and celebrating,” he said. He described the over two-year process as “a malicious abuse of the courts against me.”

Looking ahead, Hillier said he is reviewing court documents and evidence to determine whether the Ottawa Crown, the Ottawa Police Service, or other parties violated legal obligations. He suggested in his remarks that he may pursue civil action if warranted.

Hillier confirmed he will not seek re-election but plans to continue protesting and attending events that promote and advocate for "faith, freedom, and family."