The court has acquitted an Ontario grandfather charged with mischief and police obstruction, after police accused him of providing gas in jerrycans to protesters who attended the Freedom Convoy protest in Ottawa in early 2022.
His lawyer, Jim Karahalios, said he believes it is the first acquittal on criminal charges of any individual associated with the convoy protests. Thus far, most of the cases have only ended because the Crown chose to withdraw the charges. In this case, a trial was held before a judge who determined the outcome.
Remley, who the court heard was known for his charity work in Africa, was acquitted by Ontario Court Justice Heather Perkins-McVey despite not bringing forward any evidence.
According to the justice, the investigative officer’s notes were poorly taken, Remley was denied his constitutional right to a lawyer, and the government failed to prove its case.
The Ottawa police brought the charges in relation to a children’s wagon filled with jerrycans being transported to the convoy protest on Feb. 12, 2022, for what police called a “mobile gas station” in downtown Ottawa near Kent Street and Nepean Street.
The investigation was started after jerrycans were banned from the convoy. At the time, police officials announced that bringing gas to the convoy would be considered mischief. This took place two days before the federal government invoked the Emergencies Act.
The court heard that Constable Jonathan Kenney was told to investigate the small red wagon that morning, and drove a rented minivan to the scene because there were no available marked police units.
While giving evidence, Kenney said he saw jerrycans on a children’s wagon near the truck Remley was driving, but couldn’t give more details. Later, he said the small red wagon was 10 feet away from Remley’s truck. He testified that he did not see Remley putting gas into the jerry cans and said the grandfather was polite.
Bystanders began yelling at the constable to leave Remley alone, and the court heard that Ottawa police officers felt the situation was dangerous and retreated. People yelled that the grandfather was a patriot.
Free Man
In court, the officer testified he may not have had grounds to ask for Remley’s driver’s license.“Now I’m not sure I had authority. … At the time, I thought I had authority under the Highway Traffic Act, but now I think I didn’t. I asked for the identification to continue my investigation. It was an error on my part,” Kenney told the court. He also said he told Remley, “You came here a free man and you leave as a criminal.”
The judge said that the officer had not advised Remley that he had the right to a lawyer and did not order him to leave, merely suggesting he consider leaving.
The officer admitted on the stand the notes from his little red wagon investigation were “not great.” He also told the judge he did not know what was in the jerry cans or what specific liquid they contained, and did not see Remley filling them.
In delivering the acquittal of the charge of police obstruction, the justice said there was no evidence at all before the court that Remley was impacting the officer’s ability to do his job. The judge stated that Remley did not incite the crowd in any way.
”Based on the evidence before me, the best we have is jerry cans in a wagon 10 feet away with dozens of people milling about,” she stated.
Remley, through his lawyer, said he was relieved by the decision. However, the Crown has announced it is appealing his acquittal.
Karahalios did not immediately return a request for comment.
