Peaceful protestor arrested during historic crackdown
On February 14, 2022, the federal government invoked the Emergencies Act for the first time in Canadian history in response to the Freedom Convoy protest in Ottawa.
Four days later, police moved to clear protestors from the downtown core. During the operation, Evan Blackman was arrested on Rideau Street and charged with mischief and obstructing police.
Mr. Blackman was released later that day. Upon his release, he discovered that three of his personal bank accounts had been frozen under 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 because of alleged connections to the Freedom Convoy.
Video showed Mr. Blackman acting as a peacemaker
Lawyers funded by the Justice Centre defended Mr. Blackman. The Crown’s evidence consisted primarily of a 14-minute drone video and the testimony of one police officer. The video showed Mr. Blackman standing among protestors while facing a line of police officers. It also showed him holding protestors back, raising his hand to discourage confrontation with police, kneeling before officers, placing his hands on his chest, and singing “O Canada.”
At his first trial in October 2023, the judge dismissed both charges because of the limited evidence and the unreliable memory of the testifying officer. The judge described Mr. Blackman as a “peacemaker” who had acted to deescalate confrontations between protestors and police.
Constitutional lawyer Chris Fleury said, “My client and I are thrilled with this outcome. After almost 20 months, Mr. Blackman can finally put this matter behind him.”
Crown pursued retrial after complete acquittal
The Ottawa Crown Attorney’s Office appealed the acquittal, however, arguing that the trial judge had erred in assessing party liability, interpreting the evidence, and applying the legal test for obstructing police.
The appeal succeeded, and the matter returned to the Ontario Court of Justice for a retrial.
Before the retrial, lawyers funded by the Justice Centre obtained a court order requiring the RCMP and TD Bank to produce records explaining how and why Mr. Blackman’s bank accounts had been frozen during the Emergencies Act crackdown.
Constitutional lawyer Chris Fleury said, “The freezing of Mr. Blackman’s bank accounts was an extreme overreach on the part of the police and the federal government.”
“We are hopeful that the Court will compel the RCMP and TD Bank to produce records that explain exactly how and why his accounts were frozen,” he added.
Peaceful conduct nevertheless resulted in conviction
On November 21, 2025, the Ontario Court of Justice convicted Mr. Blackman of mischief and obstructing police.
The Court concluded that he had participated in what it characterized as mass mischief, despite evidence that he had attempted to calm the crowd and reduce tensions between protestors and police.
Mr. Blackman received a conditional discharge, 12 months’ probation, 122 hours of community service, and a $200 victim fine surcharge.
Court declined to remedy unprecedented bank account freezes
At his retrial, Mr. Blackman argued that the freezing of his three bank accounts violated section 8 of the Canadian Charter of Rights and Freedoms, which protects Canadians against unreasonable search and seizure. He asked the Court to stay the criminal proceedings under section 24(1) of the Charter.
The trial judge dismissed the application, concluding that the freezing of his bank accounts was legally separate from his arrest and prosecution and therefore could not justify staying the criminal charges.
Lawyers funded by the Justice Centre appealed that ruling, arguing that the trial judge applied the wrong legal test and failed to consider whether the freezing of Mr. Blackman’s accounts formed part of the same coordinated police operation that removed protestors from downtown Ottawa.
Constitutional lawyer Chris Fleury said, “Freezing someone’s bank account is an extraordinary use of state power. When the government interferes with a person’s ability to access their own money, the courts must carefully examine whether those actions respected the protections guaranteed by the Charter.”
“This appeal asks the court to properly consider whether the financial measures and the police enforcement operation in Ottawa were part of the same coordinated effort to remove protestors,” he added.
Appeal dismissed and case concluded
On June 25, 2026, the Ontario Superior Court of Justice dismissed Mr. Blackman’s appeal, upholding both his conviction and the trial judge’s refusal to stay the proceedings because of the freezing of his bank accounts.
Although the courts ultimately rejected Mr. Blackman’s legal arguments, his case raised important constitutional questions about the federal government’s unprecedented use of the Emergencies Act to freeze Canadians’ personal bank accounts during the Freedom Convoy.
The Justice Centre will take no further legal action in Mr. Blackman’s case, and the matter is now closed.
Mr. Blackman’s case demonstrated that ordinary Canadians can bring significant constitutional questions before the courts with the support of lawyers funded by the Justice Centre, even when those challenges ultimately do not succeed.