Ottawa court rejects bids for a change of venue in 'Freedom Convoy' cases

Two participants in the “Freedom Convoy” have lost their legal bids to have their trials on charges related to the protest moved out of Ottawa.

Both convoy organizer Pat King and former Ontario MPP Randy Hillier had argued that extensive local media coverage of the convoy would prejudice their trials if heard by a court in Ottawa.

But Justice Kevin Phillips rejected their applications, ruling that he was bound a previous court decision in the case of another convoy organizer, James Bauder, who argued unsuccessfully to have his trial moved to another region.

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Hillier, who was MPP for Lanark-Frontenac-Kingston until last year, was charged with nine offences related to the convoy that occupied Ottawa in January and February 2022, including one for allegedly using social media to encourage supporters to flood police non-emergency telephone lines.

He was also charged with assault for allegedly pushing a metal gate into an officer while trying to get onto Parliament Hill.

King faces numerous charges, including mischief, counselling to disobey a court order, obstructing justice and perjury.

He argued that it would be impossible for him to receive a fair trial before a jury made up of Ottawa residents.

In his decision, Phillips repeatedly cited Justice Charles Hackland’s February ruling on Bauder’s application. Hackland found that the convoy had received national and international media coverage, not just local coverage, and said he couldn’t see how moving the trial would limit any prejudicial effect.

Hackland also agreed that victims of an alleged crime – in this case, residents of downtown Ottawa aggrieved by the protest – should not sit on the jury, but he said there are suitable safeguards in the legal system to ensure a fair trial.

“We do not as a society expect our jurors to be a tabula rasa devoid of any political views,” Hackland wrote and Phillips quoted in his decision.

“Rather, and with the assistance of robust procedural safeguards, we trust jurors to leave their views at the door of the deliberation room and decide the case on the evidence, as per the trial judge’s instructions.”

Hillier’s application was scheduled to be argued in court tomorrow, but the Crown applied for a summary dismissal of both applications, which Phillips granted today.

King is expected to go on trial in November.