Crown will appeal against acquitted peaceful protester Evan Blackman on June 19

OTTAWA, OP: The Justice Center for Constitutional Freedoms announces that the hearing date for Evan Blackman’s summary judgment appeal has been set for June 19, 2024. The hearing will take place at the Ontario Superior Court of Justice in Ottawa.

The Crown’s evidence against Blackman at his trial consisted of a 14-minute drone video, with no sound, and the testimony of an officer at the scene. For nine minutes of that video, Blackman is seen as part of a group of protesters facing a line of police officers on Rideau Street in downtown Ottawa. Blackman de-escalates the situation by stopping other protesters and raising his hand to prevent them from confronting the officers. He is then seen kneeling in front of police for the five minutes leading up to his arrest. At one point, while on his knees, he takes off his hat, puts his hands on his chest and starts singing the Canadian national anthem.

The Ottawa Crown Attorney’s Office is appealing Blackman’s acquittal on charges of mischief and obstructing police in connection with his participation in the Freedom Convoy protests, specifically on February 18, 2022, the day police launched an “enforcement action ” performed – clearing the streets of Ottawa after the invocation of the Emergency Situation Act by the federal government four days earlier.

Blackman was acquitted on October 23, 2023 after a one-day trial. The Justice Center provided attorneys for Blackman’s defense during that trial and continues to support him throughout this appeal.

During the trial, Mr Blackman pleaded “not guilty” to all charges. The judge dismissed the case against him due to limited evidence and a police witness’ poor memory of key elements of the offences.

After his arrest on February 18, 2022, and his release the same day, Blackman discovered that his three bank accounts had been frozen under the law. Emergency decree on economic measures.

Chris Fleury, lawyer for Blackman, noted that if his client had been convicted, his intention was to apply for a stay of proceedings under section 24(1) of the Act. Charter, seeking a solution to the freezing of Mr Blackman’s bank account. If Mr Blackman’s acquittal is overturned on appeal, he plans to make this application.

Chris Fleury said: “The limited evidence available at Mr Blackman’s trial showed that on February 18, Mr Blackman attempted to de-escalate a volatile situation between police and protesters. He pleaded not guilty to the offenses he was accused of, and the judge ultimately agreed and found him not guilty. This appeal is an attempt by the Crown to reframe factual findings they disagree with as legal errors. Mr. Blackman and I look forward to our day in court during the appeal hearing.”