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Crown appeal allowed and new trial ordered for Freedom Convoy protester acquitted of mischief.
The Crown appealed the respondent's acquittal on two counts of mischief arising from the Ottawa Freedom Convoy protests.
The trial judge had excluded the respondent's statements to police as involuntary and obtained in violation of his Charter rights, and found insufficient evidence to prove he was a party to the mischief.
The Superior Court of Justice allowed the appeal, finding the trial judge erred in her voluntariness analysis by requiring verbatim notes, misapplied the law on psychological detention, and failed to consider the evidence as a whole regarding the respondent's participation in the protest blockade.
A new trial was ordered.
Motion for leave to appeal dismissed without costs.
The defendants brought a motion for leave to appeal the order of Regional Senior Justice MacLeod dated December 6, 2022.
The Divisional Court dismissed the motion for leave to appeal without costs.
