Canadian who protested COVID measures at bridge blockade wins appeal
https://www.lifesitenews.com/news/canadian-who-protested-covid-measures-at-bridge-blockade-wins-appeal/
On September 10, the Democracy Fund in a press release said its client Theodorus DeBoer, who had pleaded guilty in 2023 to one count of mischief for obstructing traffic on the Ambassador Bridge, has had his criminal record 'vacated.'
A Canadian man who got a criminal record because he participated in COVID protests in 2022 that blockaded a large border crossing between Canada and the United States has won an appeal with the help of a pro-freedom civil liberties group.
On September 10, the Democracy Fund (TDF) in a press release said its client Theodorus DeBoer, who had pleaded guilty in 2023 to one count of mischief for obstructing traffic on the Ambassador Bridge, has had his criminal record “vacated.”
In February of 2022, during the same time the Freedom Convoy was taking place in Ottawa, Canadian and American truckers made a convoy blocking access to the border crossing from Michigan into Windsor, Ontario. The blockade was a sign of solidarity with the freedom movement which was protesting COVID mandates put in place by the federal and provincial governments.
DeBoer took part in the protests, and as part of his original plea deal, the “prosecution agreed to drop the more serious charge of disobeying a court order,” TDF noted.
TDF said that the prosecutor and the defense also made a “joint submission” regarding DeBoer’s sentencing, “asking the trial judge to discharge DeBoer with conditions as opposed to any sentence that would carry a criminal record.”
However, the trial judge instead took the “unusual step of rejecting the recommendation of the lawyers and imposed a suspended sentence, which involve probation and a criminal record,” said TDF.
According to lawyer Alan Honner, who was retained by TDF to argue DeBoer’s appeal, judges are required to “give way to joint submissions except in rare circumstances where the proposed sentence would bring the administration of justice into disrepute or otherwise be contrary to the public interest.”
After a time, the Appellate Court agreed with Honner’s appeal submission, concurring that the trial judge had indeed made a mistake in applying the wrong legal test. Continue…