Freedom Convoy protester has multiple charges dropped after Ontario judge rules police violated his rights

OTTAWA, ON – The Justice Centre for Constitutional Freedoms (JCCF) has announced a legal victory as all charges against Ben Spicer, a participant in the Freedom Convoy protest, have been dropped. This decision comes after a ruling by Justice Timothy Lipson that a covert recording of Spicer violated his Charter rights.

Spicer, who was arrested on February 19, 2022, faced charges including mischief, obstructing justice, and possession of weapons. He was apprehended by police in Ottawa while participating in the protest.

According to the JCCF, Spicer was standing near the intersection of Bank Street and Sparks Street when police officers struck him in the midsection and subsequently detained him. During a search of his belongings, which included a can of bear spray and a folding pocketknife, Spicer claimed these items were from a recent hiking trip and had not been used or removed during the protest.

The JCCF also reported that the Crown submitted a recording of Spicer from a police van equipped with video and audio recording devices without his knowledge or consent. This recording was not disclosed to Spicer, and he was denied access to legal counsel during his detention.

The Crown sought to use this recording as evidence against Spicer, suggesting it indicated criminal activity and asserting that he had no reasonable expectation of privacy in a police vehicle.

The trial, which took place at the Ontario Court of Justice from November 6 to 8, 2023, and again from April 16 to 18, 2024, saw significant legal debate. Spicer’s defence argued that the secret recording breached his Charter rights, specifically his right to privacy while in custody, and that the evidence should be excluded. They also contended that the arrest was unlawful and that no evidence of criminal activity existed.

On August 2, 2024, Justice Lipson ruled in favour of Spicer, stating that he had a reasonable expectation of privacy while in police custody. The secret recording was deemed a violation of Spicer’s privacy rights and was excluded from the trial.

Additionally, Justice Lipson determined that the arrest lacked legal grounds, constituting a breach of Spicer’s rights under section 9 of the Canadian Charter of Rights and Freedoms, which protects against arbitrary detention.

The search of Spicer’s backpack and jacket was also found to be unlawful, as it violated section 8 of the Charter, which guards against unreasonable search and seizure. The ruling also highlighted a breach of Spicer’s right to retain and instruct counsel without delay, as protected by section 10(b) of the Charter. As a result, all charges against Spicer were dismissed.