The Justice Centre for Constitutional Freedoms (JCCF) on Thursday released a statement announcing that Freedom Convoy organizer Tamara Lich will appeal the bail conditions imposed on her by the Ontario Superior Court.
Lich was granted bail conditions after initially being denied bail by a judge who had previously run as a Liberal candidate. The bail conditions she was later granted by Justice John M. Johnston, Lich says, violate her Charter rights of expression, association, and peaceful assembly.
"You are not to log on to social media or post any messages on social media. … You are not to allow anyone else to post messages on Social Media on your behalf or indicate your approval for any future protests so long as this release order is in place. …You are not to engage in organization or promotion of anti-COVID 19 mandate activities and Freedom Convoy activities … You are not to verbally, or in writing, financially, or by any other means, support anything related to the Freedom Convoy," the judge said in the March 7 decision.
The violation of a bail condition can result in a fine, imprisonment, or both, according to the statement released by the JCCF.
An appeal of the bail conditions has been filed and makes the following arguments:
"A ban on all forms of expression on social media or to even log in to social media and on all forms of organization or promotion of anti-covid19 mandates is incompatible with the principle of restraint, and also incompatible with perfectly legitimate forms of expression on social media or otherwise, such as expressing a political view about the lockdown measures, communicating with family and friends or viewing posts from other individuals.
As the "Freedom Convoy" is no longer in Ottawa, there is no longer any need for a condition banning any support of the "Freedom Convoy."
The conditions imposed do not have a rational connection to the risk to public safety or the commission of further offenses.
His Honour failed to ensure that the conditions imposed were clearly articulated, minimal in number, necessary, reasonable, least onerous in the circumstances, and sufficiently linked to the accused’s risks regarding the statutory grounds for detention in s. 515(10)."
"The bail conditions are excessive and unnecessary violations of the Charter rights and freedoms of Tamara Lich," states lawyer and Justice Centre president John Carpay in the statement.
"We have a double standard, contrary to the rule of law. The Emergencies Act was not even considered, let alone used, when protesters shut down railway lines in BC, Ontario and Quebec in February and March of 2020," said Carpay.
"As one of the organizers of the Freedom Convoy, Tamara Lich was arrested on spurious charges and jailed for 18 days. Nobody can be faulted for viewing her as a political prisoner, jailed not in respect of any real crime but for having the 'wrong' political views," concluded Carpay.
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