SPOTLIGHT
Help us defend Constable Michael Brisco
Should Canadians be punished for donating to the causes of their choice?
That is exactly what happened to Constable Michael Brisco.
A highly respected officer of the Windsor Police Service, Constable Brisco made a $50 donation to the peaceful Freedom Convoy protest in early 2022. He donated privately and confidentially through the fundraising platform GiveSendGo. He did not mention that he was a police officer.
Like the 24 million Canadians who donate to deserving causes each year, Constable Brisco believed that he was exercising his freedom of expression by donating to something he believed in.
He believed that the Freedom Convoy was a peaceful and lawful protest. In fact, the day before he donated, a Superior Court judge in Ottawa had found that the protest was “…peaceful, lawful, and safe...” in the context of an interim ruling about the night-time horn-honking.
He donated anonymously. Or so he thought.
Constable Brisco punished for donating
Soon after, the GiveSendGo donor list was illegally hacked and posted online. The Ontario Provincial Police obtained a copy of the list and forwarded it to the Windsor Police Service. Investigators began searching through the list for Ontario police officers who had donated to the Freedom Convoy protest.
Constable Brisco’s name was discovered.
Apparently, the Windsor Police Service had not been listening when an Ottawa judge had stated that the Freedom Convoy protest was legal. Instead, they had been listening to how politicians and newspaper headlines were characterizing the protest.
The Windsor Police Service charged Constable Brisco with “discreditable conduct” – a serious blemish on an otherwise perfect record of service.
Later, the Windsor Police Service forced Constable Brisco to forfeit 80 hours of pay as punishment.
The conviction of Constable Brisco sent a chilling message to all Canadians: illegally hacked information can be used against you. If you donate to the “wrong” cause (as determined by your employer, the government or other authorities), you can be publicly exposed and punished.
Meanwhile, the individual who committed this cybercrime has not been charged or prosecuted.
Constable Brisco fights back, asserting his freedom of expression
With help from the Justice Centre, Constable Brisco appealed his conviction and punishment. Since 2022, our lawyers have vigorously defended his privacy and freedom of expression, arguing that:
There is no clear and convincing evidence of discreditable conduct. In fact, the charge against Constable Brisco rests entirely on unfounded claims about the Freedom Convoy made by politicians and media outlets. A peaceful protest is not illegal just because politicians and headlines say so. Courts decide such questions, and no court has ruled that the Freedom Convoy protest was illegal.
There is no evidence of any link between the Freedom Convoy protest and the Ambassador Bridge Blockade, contrary to allegations made by the Windsor Police Service. And there is no evidence that the Ambassador Bridge Blockade in Windsor received any funds from the GiveSendGo campaign.
Law-abiding donors should never fear that their private information will be disclosed to – or used by – any arm of government, including law enforcement. The GiveSendGo donor list was illegally hacked, with police apparently condoning this illegal activity. What was produced by way of illegal activity should not count as evidence against Constable Brisco. Every Canadian should enjoy a reasonable expectation of privacy – protected by sections 7 and 8 of the Canadian Charter of Rights and Freedoms.
As a police officer, Constable Brisco should have the same right to donate privately and confidentially to the causes of his choosing, like every other Canadian, regardless of his profession. His donation was a legitimate exercise of his freedom of expression – protected by section 2(b) of the Charter.
Unfortunately, the Ontario Civilian Police Commission rejected these arguments in February 2024, dismissing his appeal.
His legal challenge is far from over, however.
In two days, on Wednesday, December 11, the Ontario Divisional Court will review the case of Constable Brisco. Administrative bodies like the Ontario Civilian Police Commission sometime make the wrong call. When they do, courts can review their decisions to ensure a fair, just, and constitutional outcome.
We seek to persuade the Court that Constable Brisco’s conviction and punishment were far from constitutional. For this, we ask for your help.
What you can do today
Make a donation
Legal challenges are expensive. Your donation provides our legal team with the resources to defend Constable Brisco’s right to privacy and freedom of expression. What happens in court on Wednesday could impact the privacy and freedom of donors all across Canada.
You will receive a charitable tax receipt in February 2025 for the donations you make today and throughout 2024.
Spread the word
This case could establish a precedent that other police forces notice. Share this story with your friends and family to build awareness.
This legal battle is critical. Canada is a philanthropic country. Last year, 62 percent of Canadians donated to a charity. Every year, charitable organizations profoundly impact the lives of millions of people at home and abroad.
What is happening in Ontario to Constable Brisco is a chill on charitable giving.
Every Canadian should feel free to donate to the causes of their choice without fear of being punished by their employers or by any other authorities. No Canadian should fear that law enforcement agencies will make use of illegally hacked information to discover what your private beliefs are. Constable Brisco is a Canadian like you and me. As citizens, police officers (along with doctors, nurses, psychologists, lawyers and other professionals) are entitled to express their political beliefs in public.
I am sorry to say that this is not the only case of donors’ expression and privacy being threatened in Canada.
Right now, the Justice Centre is defending Chris Barber, Tamara Lich, and hundreds of peaceful Freedom Convoy protestors against a $290 million class-action lawsuit for “causing a nuisance” in downtown Ottawa. This lawsuit, brought by federal bureaucrat Zexi Li and other Ottawa residents, even names as defendants donors who were not present in downtown Ottawa at the time. If the lawsuit succeeds, it will set a dangerous precedent for donors. It will seriously undermine Canada’s philanthropic spirit.
Help us defend Constable Michael Brisco and all donors to the Freedom Convoy. No Canadian should fear that their private and legal charitable giving will cost them professional setbacks, privacy invasions, or tens of thousands in legal fees.
Will you stand for freedom of expression and privacy? Donate today and join us in this critical fight.
Yours sincerely,
John Carpay, B.A., LL.B.
President
Justice Centre for Constitutional Freedoms
Ways to make a difference
You can make a secure and convenient online donation here. Simply choose how much you would like to give and how often.
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You can make a secure and convenient donation by sending an e-transfer to etransfer@jccf.ca. If you would like to receive a tax receipt for e-transfer donations of $50 or more, please include your legal name, mailing address, and email address in the e-transfer message.
Please call 403-475-3622 to make a secure credit card donation over the phone.
You can mail your cheque, made payable to “Justice Centre for Constitutional Freedoms,” to #253 7620 Elbow Drive SW, Calgary, Alberta, T2V 1K2.
Donating your securities to the Justice Centre may offer considerable tax benefits and is one of the most powerful ways to secure a future of freedom in Canada.
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