The Crown appealed the respondent's acquittal on a charge of intimidation by blocking or obstructing a highway under s. 423(1)(g) of the Criminal Code, arising from his leadership role in the 'Freedom Convoy' protests in Ottawa.
The trial judge had acquitted the respondent on the basis that the offence required proof of threats or violence and an intent to intimidate individuals when occurring in the context of a political protest.
The Court of Appeal allowed the appeal, holding that the trial judge erred in law by reading in elements not found in the text of the provision and by treating the political protest context as a defence to otherwise criminal conduct.
The Court substituted a conviction, finding that the respondent's conduct in blocking highways to compel the government to change its COVID-19 policies satisfied all elements of the offence.
