Canadian legal center says Ottawa police broke the law when taking truck drivers’ fuel
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‘The truckers are not doing anything illegal by protesting peacefully against the 23 months of politicians restricting our Charter freedoms,’ said a lawyer for the Justice Centre.
(JCCF) – The Justice Centre has become aware that Ottawa police are seizing fuel that individuals want to donate to truckers who are part of the Freedom Convoy, and there are reports of truckers having been arrested.
“It is winter in Canada. Protesting publicly in freezing temperatures requires the truckers to have fuel to stay warm. Confiscation of fuel jeopardizes the personal safety of the peaceful protesters,” stated lawyer Jay Cameron, Litigation Director at the Justice Centre.
Section 2(c) of the Canadian Charter of Rights and Freedoms protects the right of all Canadians to gather and protest peacefully against (or in favour of) government laws and policies.
Ottawa Police Chief Peter Sloly has stated publicly that the truckers have been peaceful, and have not caused any harm to Ottawa residents. Provided that the truckers are peaceful, their protest in a public place is expressly protected by the Charter.
In one video, it appears that Ottawa police are justifying their seizure of fuel by claiming that the peacefully protesting truckers are violating the Criminal Code, in particular section 430 which makes it illegal to destroy or damage property.
Described as the crime of “mischief,” section 430 also makes it illegal to interfere with the lawful use and enjoyment of property, and illegal to obstruct people when they legally use and enjoy property.
The video features a claim, apparently made by an Ottawa police officer, that the truckers are violating the Criminal Code, and that anyone bringing fuel to these truckers is therefore facilitating criminal activity, which therefore justifies police taking the fuel “as evidence,” according to the officer in the video.
“The Ottawa police seem to be rebranding the exercise of the Charter freedoms of expression, association, and peaceful assembly as criminal mischief under section 430 of the Criminal Code,” noted lawyer Nicholas Wansbutter, counsel for the Justice Centre.
“The truckers in Ottawa have gathered in Ottawa to peacefully protest government lockdowns and vaccine mandates,” Cameron added. “Many reports indicate that the vast majority of the protesters have been peaceful and law abiding. The truckers are not obstructing people from moving about the city.”
Cameron added that “Ottawa police have the right to ticket people, including truckers, over seatbelt violations, illegal parking, and other traffic infractions.”
“However, it is misleading and deceptive to label a peaceful protest in the nation’s capital as a criminal offence,” he noted.
full story at https://www.lifesitenews.com/news/canadian-legal-center-says-ottawa-police-broke-the-law-when-taking-truck-drivers-fuel/