On February 14, 2022, the federal government invoked the Emergencies Act for the first time in Canadian history in response to the historic Freedom Convoy protest in the nation’s capital. Four days later, on February 18, police conducted an “enforcement action” in downtown Ottawa to clear streets of protestors. Evan Blackman was swept up in the crackdown on peaceful protestors. He was arrested and charged with the Criminal Code offences of mischief and obstructing police.
The Justice Centre came to his defence. Mr. Blackman plead “not guilty” to his charges. The evidence against him consisted of a 14-mninute drone video and the testimony of one police officer who was on the scene. During approximately nine minutes of the video, Mr. Blackman can be seen amongst a group of protestors face to face with a line of police officers on Rideau Street. In one part of the video, Mr. Blackman can be seen deescalating a situation by holding protestors back and by raising his hand to stop protestors from confronting police. Five minutes before his arrest, he can be seen kneeling in front of police, taking off his hat, placing his hands on his chest, and singing “O Canada.”
Mr. Blackman was arrested and released from custody on the same day. Upon his release, he discovered that he could not access three of his bank accounts, which had been frozen pursuant to the Emergency Economic Measures Order. RCMP Assistant Commissioner Michel Arcand later confirmed that 257 bank accounts had been frozen and that 57 entities had been reported to financial institutions over concerns about connections to the Freedom Convoy.
At his October 2023 trial, the Judge dismissed all charges against Mr. Blackman due to limited evidence and the unreliable memory of the testifying officer. The judge described Mr. Blackman as a “peacemaker” and had taken action to deescalate confrontations between protestors and police. At the time, lawyer Chris Fleury remarked, “My client and I are thrilled with this outcome. After almost 20 months, Mr. Blackman can finally put this matter behind him.”
Despite this clear victory, however, the Ottawa Crown Attorney’s Office appealed the acquittal, alleging that the trial judge committed several legal errors, including:
- Applying a flawed analysis of party liability;
- Misapprehending the evidence; and
- Misstating the intention required to be found guilty of obstructing police.
The appeal hearing for Mr. Blackman took place on June 19, 2024, at the Ottawa Courthouse. Chris Fleury expressed confidence that trial judge had made the right decision when acquitting Mr. Blackman in October 2023. If Mr. Blackman’s acquittal is overturned on appeal, Mr. Fleury intends to bring an application for a stay of proceedings under section (24)1 of the Canadian Charter of Rights and Freedoms, seeking a remedy for the freezing of his bank accounts.
