Harold Jonker owns a trucking company based in the Township of West Lincoln in the Niagara region of Ontario. At the beginning of 2022, he was also an elected, part-time town councillor for the Township.
On January 15, 2022, the Government of Canada mandated that Canadians who had not received two doses of an approved Covid vaccine would not be permitted to travel across the border between Canada and the United States. This mandate effectively put unvaccinated truckers out of business. In response, thousands of truckers and concerned Canadians travelled to the nation’s capital in January and February 2022 to protest vaccine mandates.
Mr. Jonker joined the protest as a “route captain” for the Niagara portion of the Freedom Convoy, arriving in Ottawa on January 28. He stayed in the capital for three weeks. While there, he did not park his truck downtown, parking instead along Coventry Road some distance away. During that time, he was not fined or charged with any criminal offence.
On February 14, the Government of Canada declared a “public order emergency” and invoked the Emergencies Act for the first time in Canadian history. Successor to the War Measures Act, the Emergencies Act grants the federal government unprecedented executive powers to handle threats to the security of Canada.
The invocation of the Emergencies Act transformed the peaceful atmosphere of the Freedom Convoy protest into a tactical operation as hundreds of armed officers descended on protestors and passersby. The police crackdown began in earnest on February 18. Within three days, the streets of downtown Ottawa were empty. But social media platforms were full of scenes of brutal police action. More than 400 charges were laid during the suppression of the protest. More than 257 bank accounts associated with the Freedom Convoy were also frozen, making it difficult for some Canadians to travel home or meet expenses.
Mr. Jonker returned to the Niagara region on February 21, 2022.
Several councillors of the Township of West Lincoln were openly opposed to the Freedom Convoy and to any protests against the government’s response to Covid.
Township of West Lincoln punishes Harold Jonker for participating in the Freedom Convoy
On February 28, 2022, a complaint was filed against Mr. Jonker, claiming that he had breached the Township’s Code of Conduct by attending the Freedom Convoy protest. The Township launched an investigation, determining that Freedom Convoy was an illegal protest and that Mr. Jonker had violated the Code of Conduct by joining it.
On July 18, 2022, the Township fined Mr. Jonker 30-days’ pay and demanded that he repay the value of any food and gasoline donated to him by Canadians during his involvement with the protest.
“The Integrity Commissioner’s report relies on many allegations about the Freedom Convoy, none of which have been proven in a court of law,” Mr. Jonker said at the Council meeting. He stated, “I went to the protest as a truck driver and as a company owner to support what I believe was a peaceful, lawful demonstration.”
Justice Centre helps Harold Jonker file lawsuit against Township of West Lincoln
On September 23, 2022, our lawyers launched a lawsuit on behalf of Mr. Jonker, seeking to strike down the Township’s decision to financially punish Mr. Jonker for his participation in the Freedom Convoy. Our lawyers argue that their decision is invalid due to procedural irregularities, factual errors, and flawed findings in the investigative report. Notably, our lawyers challenge the finding that Mr. Jonker had participated in an illegal activity. The lawsuit also claims that the Township’s decision violated his freedom of expression – protected by the Canadian Charter of Rights and Freedoms.
“The claim that Mr. Jonker participated in an illegal activity is a suggestion that is not supported by facts. It is also bewildering that the Integrity Commissioner found that Mr. Jonker, who is a trucker, was in Ottawa in connection with his duties as a town councillor rather than as a trucker and a Canadian citizen peacefully protesting federal and provincial Covid mandates,” stated lawyer Jorge Pineda.
“The sad truth is that Mr. Jonker has been punished for his political position, in the context of an ongoing dispute with other councillors. In Canada, we must tolerate strong differences in political opinion. Elected politicians should not be permitted to weaponize codes of conduct to silence and intimidate their political opponents. The Charter is intended to guarantee free expression. Canadian democratic institutions cannot survive if such guarantees can be easily ignored through these kinds of tactics.”
Police charge Harold Jonker with mischief and obstructing a roadway
Fifteen months after the Freedom Convoy protest, in May 2023, police charged Mr. Jonker with mischief, counselling mischief, obstructing a roadway, and counselling others to obstruct a roadway. Police allege that Mr. Jonker had been a “road captain” during the Freedom Convoy, that he led the Niagara contingent from the Niagara region to Ottawa, that he co-owns a trucking company, and that he brought 10 Jonker Trucking trucks to Ottawa with him.
Why was there such a significant delay in bringing these charges? The Crown did not disclose the reason.
Mr. Jonker’s 10-day criminal trial is scheduled for May 12 to 26, 2025, at the Ontario Superior Court of Justice in Ottawa. He has chosen to be judged by a jury of his peers. Mr. Jonker’s defence will argue that his prosecution is an abuse of process due to the lengthy and unexplained pre-charge delay. They will argue that this significant delay has unfairly compromised Mr. Jonker’s ability to make a full answer and defence to his charges.
Lawyer Chris Fleury stated, “Mr. Jonker and I are looking forward to defending these charges at trial and fervently asserting his innocence. We are also looking forward to cross-examining the Crown witnesses and discovering the reason for the significant and unexplained delay in charging Mr. Jonker.”
In May 2023, Mr. Jonker was also named as a defendant in the cases Zexi Li et al. v. Chris Barber et al. Zexi Li and other Ottawa residents are suing Mr. Jonker and other Freedom Convoy participants for $290 million, seeking damages against peaceful protesters for allegedly causing a nuisance through honking or idling of vehicle engines in downtown Ottawa.
