Independent Ontario MPP Randy Hillier has been released on bail with several conditions after turning himself in to Ottawa police on March 28 over nine charges related to the Freedom Convoy protests that took place in the national capital last month.
The Crown consented to Hillier’s release after he made an appearance in court by telephone the same day.
Justice of the Peace Louise Logue released him with several conditions, including a prohibition from posting on social media about the Freedom Convoy protests, COVID-19 mask or vaccine mandates, or the “anti-vaccine cause.”
The MPP, who represents the riding of Lanark-Frontenac-Kingston in Ontario, is also forbidden from attending or providing any form of support, including financial support, to the Freedom Convoy or any organizations or causes that oppose COVID-19 masks or vaccines.
In addition, the 64-year-old is not allowed to set foot in downtown Ottawa other than meeting with his lawyer nor establish any contact, in any form, with people associated with the Freedom Convoy, including organizers Chris Barber and Tamara Lich.
Hillier’s Lawyer Responds
David Anber, a criminal lawyer who represents Hillier, argued that the conditions set out in the release order were too restrictive and that the conditions should be centred on posting, attending, or providing support for the Freedom Convoy and not restrict other pandemic-related communications.“That is the condition that would be the least restrictive version,” Anber said. “Now the Crown wants to go beyond that by also prohibiting Mr. Hillier, who’s a member of the provincial legislature elected to comment on public policy in this province, to prohibit him from commenting on policies related to vaccine mandates or mask mandates. And that in my respectful submission would be going beyond what is set out in Zora.”
Quoting from the ruling of Zora, Anber argued that the court and the Crown must be “guided by the principles of restraint, and review when imposing or enforcing bail conditions.”
“The principle of restraint requires any conditions of bail to be clearly articulated, minimal in number, necessary, reasonable, least onerous in the circumstances, and sufficiently linked to the accused’s risks regarding the statutory grounds for detention in s. 515(10),” said Anber, referring to paragraph six of the ruling.
Logue sided with the Crown, citing the “undeniable concerns with respect to the safety of the public in relation to these protests.” She added that the conditions will not limit Hillier’s role as an MPP to work on policies related to COVID-19 mask and vaccine mandates provided he does not post about it on social media.
Charges Laid
On March 27, the Ottawa police called on Hillier to turn himself in over charges related to the truckers’ protests in downtown Ottawa. He is facing nine charges, with two counts each of obstructing a public officer, counselling mischief and mischief/obstructing property over $5,000. He is also charged with obstructing a person aiding a peace officer, assaulting a peace or public officer, and counselling an uncommitted indictable offence.Crown counsel Tim Wightman told the court the assault charge dates back to Jan. 29, the first weekend of the protest, when Hillier, People’s Party of Canada Leader Maxime Bernier, and a group of supporters tried to access Parliament Hill with a megaphone.
The Crown alleged they were blocked by a metal gate, and a Parliamentary Protective Service officer attempted to stop them.
Wightman said Hillier threw the gate out of the way and shouted “let’s go,” in an attempt to overwhelm the checkpoint. When that didn’t work, Hillier used his “shoulder and hip to push” the officer out of the way so the group could force their way past, he alleged.
“I had thousands of interactions. I only ever greeted people in—with love and affection and embraces and handshakes,” said Hillier before turning himself in to the police on March 28. “Unless handshakes or warm embraces are now considered assault, I have no idea.”
The charges on Hillier also relate to his attendance at the Freedom Convoy protest. Wightman alleged Hiller’s “active encouragement” of people bringing their vehicles and attending the protest in downtown Ottawa, which the federal and provincial governments objected to.
“This includes shaking hands publicly at trucks and honking horns during the course of the occupation, as well as directing vehicles arriving in Ottawa to park on streets obstructing traffic, greeting new arrivals on behalf of the Freedom Convoy, organizing and speaking at numerous news conferences,” the Crown said.
Hillier also encouraged supporters to flood 911 phone lines, limiting the police’s ability to respond to emergencies, the court heard. This allegation was related to a Twitter post by Ottawa police during the convoy protests, who called on supporters to “stop calling critical emergency and operational phone lines to express displeasure about the police action” against protestors.
‘I’ve Not Seen the Full Evidence’: Anber
In an interview with David Freiheit, a lawyer and YouTuber on March 28 evening, Anber said he has yet to see the full disclosure from the Crown on the allegations against Hillier.“I’ve not seen the full evidence. So certainly, we’re at a stage, at the bail stage, where we get a very limited understanding of the facts right now. The video I’ve seen does not disclose Mr. Hillier committing an assault of any kind,” said Anber on Freiheit’s program Viva Frei.
Anber added that he should be able to get hold of the disclosure in the next few weeks.
“We’re going to need to get the videos and the tweets that they say they’re relying upon. We’re going to need to get the statements of the various officers, what they wrote at the time … Then we’re going to get these alleged phone calls [to emergency lines],” he said.
The criminal lawyer stressed it is critical to listen to the content of the phone calls. “They claim that people started making ‘malicious calls.’ If they’re going to advance that at Randy Hillier’s trial, we need to know what those ‘malicious calls’ actually were.”
Anber said he will “push back” should the prosecutor want Hillier to plead guilty.
“A judge will look at the evidence … and give his or her opinion on the case, and then either we'll reach some kind of agreement, or we’ll schedule it for trial, where the Crown will have to prove the case beyond a reasonable doubt,” he said.
Hillier’s next court date is scheduled for May 4.
