Judge dismisses Crown's appeal of mischief charge against Ottawa Freedom Convoy protestor

Ottawa, ON – On August 26, 2024, the Ontario Superior Court of Justice dismissed the Crown's appeal against the acquittal of Christine Decaire, who had been charged with mischief during the Freedom Convoy protests in Ottawa.

Christine Decaire was present during the Freedom Convoy protests, which took place in Ottawa between January 28 and February 18, 2022. These protests were sparked by opposition to COVID-19 public health measures and led to significant disruptions in Ottawa's downtown core. On February 18, 2022, Decaire was arrested on Nicholas Street as police moved to clear protestors and vehicles from the area.

The Crown argued that Decaire’s proximity to vehicles obstructing Nicholas Street was sufficient to establish her guilt as either a principal or a party to mischief. However, the original trial judge, Boxall J., found no evidence that Decaire had engaged in any direct acts of mischief or that she had intended to participate in obstructive activities. As a result, Decaire was acquitted.

The Crown appealed the acquittal, claiming that the trial judge misapplied the legal principles related to mischief, particularly concerning party liability. The Crown asserted that Decaire’s proximity to the vehicles was enough to infer her participation in the mischief.

In reviewing the appeal, Justice Somji upheld the original acquittal. The court noted that there was no evidence connecting Decaire to any specific acts of mischief or showing that she was involved with the vehicles obstructing the street. Justice Somji emphasized that individuals have the right to assemble and protest peacefully. The Crown did not provide sufficient evidence to prove beyond a reasonable doubt that Decaire’s presence was intended to contribute to the mischief.

Additionally, the court addressed the assessment of circumstantial evidence. The trial judge had considered the possibility that Decaire might have been present out of curiosity or to passively protest. Justice Somji found this to be a reasonable inference and determined that the Crown's interpretation of her presence as criminal intent was not adequately supported by the evidence.

You can read the ruling at the link below.

https://www.canlii.org/en/on/onsc/doc/2024/2024onsc4713/2024onsc4713.pdf