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windsor police officer appeals conviction for donating to freedom convoy
in what his lawyers are calling a fight for free speech...
nov 22 2023
3 minute read
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in what his lawyers are calling a fight for free speech, a windsor police officer has appealed his conviction and “harsh” penalty for donating $50 to the 2022 freedom convoy protest.
lawyers made arguments monday before the ontario civilian police commission as const. michael brisco tries to overturn his discreditable conduct conviction.
“our position is that police officers have freedom of expression,” lawyer darren leung, who helped prepare brisco’s appeal, said after the hearing.
“there are certain limits to it. they can’t go to a political rally dressed as a police officer, but they can go to a political rally dressed in civilian clothes as long as they don’t represent themselves as police.
“our position is this is a political donation and he did it privately, expecting confidentiality.”
a date has not been set for the commission’s three-member panel to deliver a decision.
brisco, a 15-year windsor police service member, made the donation on feb. 8, 2022. at the time, he was on unpaid leave for refusing to take the available covid-19 vaccine.
brisco made his donation anonymously, and it was only exposed after the crowdfunding platform collecting money for covid-19 protests was hacked.
people rally in support of const. michael brisco, accused of donating to the freedom rally protests, on feb. 6, 2023, at the start of his disciplinary hearing.
dax melmer
/
windsor star
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protesters angry about covid-19 rules launched protests in early 2022, occupying a large part of downtown ottawa for three weeks and blockading the ambassador bridge for six days. the canadian port-of-entry in coutts, alta., was also illegally blockaded at the time.
brisco was found guilty of discreditable conduct in march after a six-day hearing and was later ordered to forfeit 80 hours of pay.
with help from the justice centre for constitutional freedoms , brisco filed a notice of appeal in june to challenge the conviction and penalty.
prosecutor david amyot declined comment following the hearing. for windsor police, who charged brisco, it’s a closed issue.
“we consider the matter involving constable michael jason brisco to be concluded, though we respect his right to appeal the decision,” said karel degraaf, the acting deputy chief of operational support. “constable brisco remains a valued and productive member of the windsor police service, and we continue to rely on his dedicated service to our community.”
the justice centre said the case is about protecting freedom of expression, the right of police officers to support political causes while off-duty, and the privacy rights of all canadians.
protesters yell at police as officers attempt to clear the anti-mandate blockade of the ambassador bridge on huron church road on feb. 12, 2022.
dax melmer
/
windsor star
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the centre said that when making his donation, brisco did not identify himself as a police officer and did not contribute to the protest in his capacity as a police officer.
brisco’s lawyers said that after the donor list was hacked, ontario provincial police investigated and then sent a set of names to windsor police, who then charged him with discreditable conduct.
his lawyers also argue the evidence — the hacked donor list — was obtained illegally and using it against him was “an abuse of process.”
leung said the justice centre also argued that the conviction and penalty “rested on a claim” that brisco’s donation demonstrated support for the ambassador bridge protest.
they argue brisco donated to the ottawa protest, not the windsor blockade his fellow officers were struggling to deal with at the time. leung said there was no link between the two protests except for an “inspirational” one.
“he didn’t agree with or support actions that happened in windsor, the bridge blockade and that kind of stuff,” said leung.
“it’s also important in the legal sense for the penalty,” said leung. “the hearing officer considered the events in windsor to be an aggravating factor.
“we’re saying that if you were to consider it to be an aggravating factor you have to prove there was some kind of material link.”
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