Article content
All charges against former MPP Randy Hillier relating to the February 2022 convoy protest in Ottawa have been stayed because of extensive court delays.
Hillier, who represented Lanark-Frontenac-Kingston as an independent after being removed from the Conservative caucus in 2019, had been facing a nine-pack of charges stemming from the trucker blockade along Wellington Avenue in front of Parliament Hill.
Article content
The charges included two counts of mischief, three counts of counselling to commit an indictable offence, three counts of obstructing a police officer and one count of assaulting a police officer.
In a ruling dated Thursday, Justice Kerry McVey agreed with Hillier’s argument that his Charter right to be tried within a reasonable time frame had been violated.
A four-week trial had been scheduled to begin next Jan. 27 in Ottawa, with an anticipated ending of Feb. 25.
That would amount to a total of 34 months 28 days since police charged Hillier.
Factoring in 105 days for delays caused by the defence and for “exceptional circumstances,” McVey ruled that Hillier had been waiting for 31 months 13 days for a trial.
A previous 30-month ceiling on delays had been established by the Supreme Court in the 2016 decision R v. Jordan.
“As a result, the application is granted,” McVey wrote. “The charges against Mr. Hillier are dropped.”
Hillier, who has a legion of loyal followers on social media, posted a video Friday saying, “Today is a day to celebrate. All criminal charges against me from the Freedom Convoy have been dropped.”
Article content
The case against Hillier included charges that he inspired his 56,000 online followers to flood non-emergency police lines during the convoy protest demonstration despite a police plea to the public to keep communication channels open. Police had received 274 malicious calls during a six-day period, according to the Crown case.
Hillier had told his on-line supporters to keep calling because “in a democracy, expressing yourself is a fundamental freedom.”
The prosecution also said Hillier had disregarded a police officer’s directions and used his shoulder to push an officer away, allowing demonstrators to pass through a barricade.
Despite emergency orders against it, the Crown also contended that Hillier told his supporters to continue stocking the protesters with gasoline and food.
In 2023, Hillier and his lawyers applied to the court to move a pending trial away from Ottawa, suggesting jurors could be unfairly biased against him due to the “political demonization” of the demonstration in the national capital.
After an extended, drawn-out fight, the courts denied that application in September 2023.
kwarren@postmedia.com
X: Citizenkwarren
With files from Aedan Helmer
Share this article in your social network