Court upholds Freedom Convoy protester’s conviction despite Charter concerns

A participant in the 2022 Freedom Convoy in Ottawa, Scott Hockaday, has had his mischief conviction upheld by the Ontario Court of Appeal

Source: Wikimedia Commons

A participant in the 2022 Freedom Convoy in Ottawa, Scott Hockaday, has had his mischief conviction upheld by the Ontario Court of Appeal, dismissing his challenge despite his peaceful involvement in the protests.

The Ontario Court of Appeal has upheld the conviction of “Freedom Convoy” protester Scott Hockaday.

In a ruling released Wednesday, Justices Lorne Sossin, David Copeland, and Julie Gomery rejected arguments that Hockaday’s Charter rights were violated during his arrest and detention, leaving in place the March 2024 conviction handed down by Ontario Court Justice Julie Bourgeois.

Hockaday was arrested on Feb. 18, 2022, during the federal government’s operation to dismantle the Ottawa protest. He was detained for several hours without access to legal counsel and questioned by police about a trailer linked to his participation. Officers did not witness Hockaday commit any criminal offence prior to his arrest.

At trial, Justice Bourgeois found that his right to counsel had been infringed and excluded certain evidence, but allowed other materials to be admitted and ruled the arrest lawful.

On appeal, Hockaday’s counsel argued the arrest lacked reasonable grounds, and that the resulting detention and search violated multiple sections of the Charter of Rights and Freedoms. The Court of Appeal, however, found no basis to overturn the conviction.

Hockaday had joined the 2022 protest in Ottawa to pressure government medical officials to debate doctors critical of federal COVID-19 policies. His arrest came four days after the federal cabinet invoked the Emergencies Act—a move later ruled unlawful by a court.

Hockaday’s case has unfolded alongside other convictions stemming from the protests. Organizer Tamara Lich was sentenced in October to 15 and a half months of conditional sentencing, including house arrest, following time spent in pre-trial detention. She has since filed an appeal. Co-organizer Chris Barber received a similar sentence. Both avoided prison time.