A Windsor police officer has filed a notice of appeal for his conviction of discreditable conduct for his $50 donation to the Ottawa Freedom Convoy.
Constable Michael Brisco is appealing his conviction to the Ontario Civilian Police Commission.
In March of this year, a six-day disciplinary hearing by the Windsor Police Service found him guilty of discreditable conduct for making a $50 donation on Feb. 8, 2022. In May, he was ordered to forfeit 80 hours of work as punishment.
In a June 27 news release put out by the Justice Centre for Constitutional Freedoms, Brisco’s lawyer argued the tribunal did not consider his Charter right to freedom of expression.
“Among the multiple grounds of appeal, the most glaring error of the Tribunal was its refusal to consider Constable Brisco’s Charter rights at all. The Tribunal was required by law to balance our client’s right to freedom of expression with the statutory objectives of the Police Services Act,” said his lawyer Christopher Fleury.
In the appeal, Brisco’s lawyer also argued that the tribunal “mixed fact and law,” referring to the fact that many Windsor police were busy dealing with the blockade at the Ambassador Bridge in Windsor—while Brisco’s donation was to the Freedom Convoy in Ottawa. At the time, the Ottawa protest had not been declared illegal, although a judge had granted an injunction against the honking of horns.
“The hearing officer’s finding that the $50 donation could have been used to further a similar protest in Windsor and the blockade of the Ambassador Bridge was not supported by sufficient evidence,” the appeal said.
In its “penalty decision,” the tribunal had ruled that “the donation which was made, was in total opposition to the hardworking police officers from across the province who worked day and night to keep the peace in Ottawa and Windsor.”
At the time of the donation, Brisco was on unpaid leave because he had refused mandatory COVID vaccination. The news release said his donation came to light after the GiveSendGo website was hacked. That led to Windsor Police making the decision to charge him under the Police Services Act.
However, even the hearing found his record as a police officer was very good.
“Constable Brisco has been a hardworking and diligent officer throughout his career and has been an asset to the Service. He possesses many specialist positions in the Service and performs them to a high standard” said the penalty decision.
According to the Ontario Civilian Police Commission’s website, the OCPC has the authority to confirm, vary, or revoke the decision of a hearing officer. The commission can also bring in its own decision on the matter, or order that a new hearing be held.
So far, no date for the appeal has been set, and the website notes there may be pre-hearing conferences held before an appeal.
