The Ontario government is appealing the acquittal of a grandfather charged with mischief and police obstruction, after police accused him of providing gas in jerry cans to Freedom Convoy protestors in Ottawa in February 2022.
Allen Remley, a 70-year-old grandfather of 16 and father of four who lives near Guelph, was found not guilty of all charges on Feb. 1 by Ontario Court Justice Heather Perkins-McVey. He was accused of charges in relation to a children’s red wagon filled with jerry cans on Feb. 12, 2022, in Ottawa, near his vehicle.
His lawyer, Jim Karahalios, said he believes it is the first acquittal on criminal charges of any individual associated with the convoy protests.
Appeal
There are a number of grounds the Crown is using to suggest the trial judge made a legal error. For example, the Crown alleges that the trial judge characterized the federal Emergencies Act, declared on Feb. 14, 2022, as irrelevant to the criminal charges against Remley, which originated on Feb. 12.The judge decided to hear evidence from witnesses rather than taking judicial notice of various copies of news releases provided by the Crown, and this appears to form the basis for the appeal. The Crown has argued in appeal documents that Perkins-McVey’s refusal to take judicial notice of various generalized “legislative measures” taken in response to the Freedom Convoy meant the government could not speak to “the direness of the situation in Ottawa” in making their mischief case against Remley.
The Crown said it sought to rely on the convoy’s “impact on Ottawa.” As one example, the government noted in the appeal court documents that the trial judge refused to take judicial notice of the closure of a COVID-19 vaccination clinic.
Acquittal
The justice, in issuing the acquittal, said there was no evidence Remley honked his horn, made noise, or interacted with any protestors. She said the accused was not an organizer of the protest, and that the Crown based its case on “a reasonable inference that there was gas in the jerry cans,” rather than proving the case against the grandfather beyond a reasonable doubt. She noted that the constable providing evidence “could not say that he saw Mr. Remley fill a jerry can,” could not say that there were jerry cans in Remley’s truck, and could not recall seeing him ever hold a jerry can. “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,” said Perkins-McVey. “It is not enough to say the accused was present at the scene.”Remley, who does missionary work in Africa, did not present any evidence or testify at his hearing.
In acquitting the man, Perkins-McVey ruled the police officer’s notes were poor, and said Remley was denied his constitutional right to a lawyer. The justice said the government failed to prove its case.
Ontario’s Attorney General Doug Downey did not respond to questions from The Epoch Times.
Karahalios said he does not know why the government even decided to take the matter to a trial. “It’s on the Crown to prove charges beyond a reasonable doubt,” he told The Epoch Times. “In the eyes of the media and public, people are guilty for just being there in Ottawa.”
He said, “The amount of time and money put into prosecuting this grandfather is shocking, considering the criminal justice system has gone the other way with more serious violent crimes, by removing mandatory sentences.”
Perkins-McVey said at Remley’s hearing, which took place Jan. 11, 12, and 13, that she was going to be hearing the case against Tamara Lich and Chris Barber, who also face charges in connection with the convoy. Lich is next scheduled to be in court in September.
