An Ontario tribunal has initiated a new hearing for a Windsor police officer appealing his conviction and penalty for a donation to the Freedom Convoy in 2022. A defence lawyer said the prior conviction was “unduly harsh” and disregarded the officer’s freedom of expression.
Const. Michael Brisco was found guilty of “discreditable conduct” following a Windsor police
disciplinary hearing in March after he made a $50 donation on Feb. 8, 2022, to support the Freedom Convoy protest. In a subsequent
penalty hearing in May, he was ordered to forfeit 80 hours of work as punishment.
Const. Brisco filed a
Notice of Appeal with the Ontario Civilian Police Commission on June 14, seeking to challenge the conviction and penalty. The tribunal initiated the appeal hearing on Nov. 21, according to the Justice Centre for Constitutional Freedoms (JCCF).
Const. Brisco had no disciplinary record prior to his recent conviction, a Nov. 21 JCCF
statement said. The case, the JCCF added, “raises questions about the Charter’s protection for freedom of expression, the right of police officers to support political causes while off duty, and the privacy rights of all Canadians.”
Darren Leung, one of Const. Brisco’s lawyers, said in the statement that “Freedom of expression is a right that is guaranteed to all Canadians. Police officers are also entitled to express their political beliefs, so long as they do it without identifying themselves as police.”
Mr. Leung described the probe against Const. Brisco as “an injustice,” saying that “Instead of investigating who was responsible for the hack, the Windsor Police Service have dedicated their resources in prosecuting Const. Brisco.”
Const. Brisco’s donation was made anonymously while he was on unpaid leave because he didn’t meet Windsor Police Service’s COVID-19 vaccination policy. His name was found in a leaked convoy donor list after donation platform GiveSendGo was
hacked in February 2022. In the JCCF statement, Const. Brisco’s legal counsel contended that using the hacked list, that was “obtained illegally,” as evidence amounts to an abuse of process.
The Freedom Convoy, taking place in Ottawa from Jan. 29 to Feb. 20, 2022, was led by truckers and others opposing COVID-19 mandates and restrictions. In solidarity with the demonstration in the national capital, various protests and blockades were held across the country.
At the May penalty hearing, Windsor police lawyer David Amyot said Const. Brisco made the contribution to the Freedom Convoy from the “comfort of his home” during off-duty hours. He said this action “carried significant, reprehensible repercussions” and brought the Windsor Police Service into “disrepute.”
Const. Brisco’s legal counsel
said there is no evidence supporting his prior conviction, which was based on the claim that his donation was a demonstration of support for the Ambassador Bridge blockade in Windsor.
JCCF
noted that Const. Brisco’s donation occurred a day after an Ontario Superior Court Judge
ruled that demonstrators could continue engaging in “peaceful, lawful, and safe protest” in Ottawa, with the condition that participants refrained from honking.
Isaac Teo and Matthew Horwood contributed to this report
