Canadian Forces veteran Master Warrant Officer (Ret’d) Jeff Evely has filed an appeal in the Ontario Court of Appeal challenging police powers during the 2022 Freedom Convoy protest.Evely, who was arrested while attempting to stand guard at the National War Memorial, argues that police exceeded their authority by locking down large sections of Ottawa. He was charged with mischief and obstruction after trying to reach the memorial through a police-sealed area and was convicted in September 2024.Lawyers funded by the Justice Centre for Constitutional Freedoms say the appeal will address whether police had common-law authority to restrict public movement and close public areas during the protest..“By locking down large sections of downtown Ottawa, the police were effectively preventing all civilians from accessing public areas and greatly exceeded their powers under the common law,” said constitutional lawyer Chris Fleury.Evely, who helped organize veterans to protect the War Memorial and often volunteered for pre-dawn shifts himself, participated in the Freedom Convoy to peacefully protest pandemic lockdowns and vaccine mandates.“This case raises issues that have implications for protests across the province and the country. We are hopeful that the Ontario Court of Appeal will agree and grant leave to appeal,” Fleury added.The appeal could have wide-reaching consequences for the limits of police powers during public demonstrations in Canada.
