The Crown has dropped all criminal charges against Windsor Freedom Convoy protester Kevin Bindner. Bindner is one of 13 people criminally charged during the Windsor demonstration The Democracy Fund (TDF) has represented. Of those, 12 have had charges withdrawn or discharged. One was convicted and sentenced to probation.Bindner's lawyer, Adam Blake-Gallipeau told the Western Standard the Crown "wisely, in our view, chose to withdraw the charges by way of diversion," citing how the incident "exemplifies the indiscriminate arrests seemingly prevalent during the protests in February of 2022."Bindner’s charges of mischief and a court order violation were withdrawn through the "alternative measures" process, per a statement released Friday by TDF, the Canadian nonprofit that represented Bindner in court.Bindner made a $500 donation to Chatham-Kent Hospice Foundation. The alternative measures process, added to s.717 of the Criminal Code in 1996, “enables adults and organizations to take responsibility for offences in certain circumstances without going through judicial proceedings.”When someone takes the alternative measures option, it “requires no admissions from the accused nor result in a determination of guilt or a criminal record,” TDF wrote. “However, they do require the acknowledgment of responsibility for the act or omission forming the basis of the alleged offence.”Bindner was scheduled for a two-day trial in the Ontario Court of Justice on April 15. Blake-Gallipeau, said his team was “fully prepared to proceed to trial as we believed Mr. Bindner had a strong case.” Bindner was arrested during the 2022 Freedom Convoy protest in Windsor, while he was crossing the street with his wife. "While at the protest in Windsor alongside his wife, Mr. Bindner found himself navigating the intersection at Northway Street and Tecumseh Avenue," Blake-Gallipeau told the Western Standard. "Engaging in conversation with a group of police officers present during their street crossing, Mr. Bindner was subsequently instructed by the officers to vacate the area. As he and his wife followed their instructions and headed toward the sidewalk, Mr. Bindner was unexpectedly apprehended and forcibly subdued."For the mischief charge to stand, the Crown would be required to establish beyond a reasonable doubt that first traffic was obstructed by the crossing, and that Bindner had the intent to obstruct traffic. "The right to protest is a foundational democratic right in Canada," added Blake-Gallipeau. "In many cases, we argue that this right has been violated. We will continue to defend individual rights and freedoms."The Crown has withdrawn all charges against Bindner. TDF are however appealing a separate Windsor matter that resulted in a conviction and probation.TDF lawyers have now filed a Notice of Appeal in the Superior Court of Justice to have a "separate Windsor matter that resulted in a conviction and probation" to be “varied to a discharge," Blake-Gallipeau told the Western Standard.
The Crown has dropped all criminal charges against Windsor Freedom Convoy protester Kevin Bindner. Bindner is one of 13 people criminally charged during the Windsor demonstration The Democracy Fund (TDF) has represented. Of those, 12 have had charges withdrawn or discharged. One was convicted and sentenced to probation.Bindner's lawyer, Adam Blake-Gallipeau told the Western Standard the Crown "wisely, in our view, chose to withdraw the charges by way of diversion," citing how the incident "exemplifies the indiscriminate arrests seemingly prevalent during the protests in February of 2022."Bindner’s charges of mischief and a court order violation were withdrawn through the "alternative measures" process, per a statement released Friday by TDF, the Canadian nonprofit that represented Bindner in court.Bindner made a $500 donation to Chatham-Kent Hospice Foundation. The alternative measures process, added to s.717 of the Criminal Code in 1996, “enables adults and organizations to take responsibility for offences in certain circumstances without going through judicial proceedings.”When someone takes the alternative measures option, it “requires no admissions from the accused nor result in a determination of guilt or a criminal record,” TDF wrote. “However, they do require the acknowledgment of responsibility for the act or omission forming the basis of the alleged offence.”Bindner was scheduled for a two-day trial in the Ontario Court of Justice on April 15. Blake-Gallipeau, said his team was “fully prepared to proceed to trial as we believed Mr. Bindner had a strong case.” Bindner was arrested during the 2022 Freedom Convoy protest in Windsor, while he was crossing the street with his wife. "While at the protest in Windsor alongside his wife, Mr. Bindner found himself navigating the intersection at Northway Street and Tecumseh Avenue," Blake-Gallipeau told the Western Standard. "Engaging in conversation with a group of police officers present during their street crossing, Mr. Bindner was subsequently instructed by the officers to vacate the area. As he and his wife followed their instructions and headed toward the sidewalk, Mr. Bindner was unexpectedly apprehended and forcibly subdued."For the mischief charge to stand, the Crown would be required to establish beyond a reasonable doubt that first traffic was obstructed by the crossing, and that Bindner had the intent to obstruct traffic. "The right to protest is a foundational democratic right in Canada," added Blake-Gallipeau. "In many cases, we argue that this right has been violated. We will continue to defend individual rights and freedoms."The Crown has withdrawn all charges against Bindner. TDF are however appealing a separate Windsor matter that resulted in a conviction and probation.TDF lawyers have now filed a Notice of Appeal in the Superior Court of Justice to have a "separate Windsor matter that resulted in a conviction and probation" to be “varied to a discharge," Blake-Gallipeau told the Western Standard.
