Protest Is Protected by the Charter, Legal Group Supporting Truckers Tells Police

Protesters walk around with empty fuel containers after police threatened arrest for bringing fuel to the trucker protest site, on Feb. 7, 2022. (Jonathan Ren/The Epoch Times)

As police step up efforts to deter the Freedom Convoy demonstration in Ottawa, the legal group representing the truckers is urging the authorities to respect their charter right to peacefully protest.

In recent days police have seized fuel and arrested individuals in relation to the transportation of fuel to supply the convoy.

“It is winter in Canada. Protesting publicly in freezing temperatures requires the truckers to have fuel to stay warm. Confiscation of fuel jeopardizes the personal safety of the peaceful protesters,” said lawyer Jay Cameron, litigation director at the Justice Centre for Constitutional Freedoms (JCCF), in a statement issued Feb. 8.

In efforts to end the ongoing demonstration, the Ottawa Police Service (OPS) had initially targeted the truckers’ funds by lobbying crowdsourcing platform GoFundMe to cancel the Freedom Convoy’s fundraiser. In recent days the OPS has moved to disrupt the truckers’ fuel supply.

On Feb. 6, the OPS said on Twitter that “anyone attempting to bring material supports (gas, etc.) to the demonstrators could be subject to arrest. Enforcement is underway.”

The OPS said on Feb. 8 it had arrested 23 individuals on various criminal charges, some in relation to the transportation of gas, who were charged under “mischief.”

Section 430 of the Criminal Code defines “mischief” as wilfully destroying or damaging property; rendering property dangerous, useless, inoperative or ineffective; and interfering with the lawful use and enjoyment or operation of property.

“Taking fuel from Canadian citizens in the downtown Ottawa area is an illegal seizure in a context where no crimes are being committed,” said lawyer Nicholas Wansbutter, counsel for the JCCF.

“In my view, the truckers are not doing anything illegal by protesting peacefully against the 23 months of politicians restricting our Charter freedoms. Citizens have every right to bring food, water, fuel, and other necessities of life in the winter to other Canadians, including truckers.”

A man talks to a police officer as demonstrations in Ottawa continue against COVID-19 mandates and restrictions, on Feb. 2. 2022. (Jonathan Ren/The Epoch Times)

Authorities have not suggested the possibility of a negotiated solution to the impasse, with the truckers saying they’re determined to stay until COVID-19 mandates are lifted.

On Feb. 6, dozens of heavily armed police raided the truckers’ supply base on Coventry Road and confiscated at least one tanker of fuel.

Ottawa Mayor Jim Watson declared a state of emergency on Feb. 6, citing the “serious danger and threat to the safety and security of residents posed by the ongoing demonstrations.” He told the CBC the state of emergency “gives our staff and our city a few extra tools to speed up things like procurement.”

The JCCF said the protest does not meet the definition of a state of emergency as stated under the Emergency Management and Civil Protection Act.

“It is a serious stretch to say that peaceful protests in downtown Ottawa are a danger of major proportions, or that there is a real risk of serious harm. Emergency powers were never intended to prevent the citizens of a democratic country from expressing their displeasure with government overreach and mandates they believe to be unconstitutional,” said Wansbutter.