Facebook messages of support for the Freedom Convoy don’t justify a conviction for mischief, the Ontario Court of Justice has ruled. Canadian courts do not jail people because of their opinions, said an Ottawa judge..“He is not to be convicted because of his political views, only criminal acts he committed,” wrote Justice Robert Wadden. Facebook posts were “an encouraging shout” not a Criminal Code offence, he added..David Romlewski, formerly of St. Catharines, Ont., faced multiple criminal charges in a police roundup of protesters under the Emergencies Act. Records show 230 convoy supporters were arrested. Of those 119 were charged with Criminal Code offences, typically mischief..According to Blacklock's Reporter, the Court was told Romlewski attended the protest Feb. 19 as RCMP offices were clearing demonstrators from Sparks Street one block from Parliament Hill. Video showed Romlewski attempted to debate the legality of the Emergencies Act with police, then when ordered to leave instead sat in the snow and made a sign of the cross..“Get up buddy,” said one constable. “You’re going to get arrested. Get up.” Romlewski was convicted on a single charge of obstructing police..However, prosecutors in pressing mischief charges introduced in evidence a Facebook post in which Romlewski expressed sympathy with political dissent and “the protest movement in general.” Justice Wadden dismissed the Facebook evidence and acquitted Romlewski on the additional counts..“As I understand Facebook this post would be available to his contacts or friends or visible to those who seek out his Facebook page,” wrote Justice Wadden. “There is no evidence before me that anyone who would be likely to see this post was actually at the Ottawa protests. There is no evidence the accused made any attempt to bring his post to the attention of the protest leaders or anyone involved in the Ottawa occupation.”.“The accused was not a trucker and there is no evidence he brought a vehicle of any kind to Ottawa,” said the Court. “No one is alleging he was an organizer of the protest or was in any contact with the organizers.”.“There is no documentary evidence linking him to the protest or its organization,” wrote Justice Wadden. “There is no evidence he provided any material support to the truckers, such as transporting fuel or food to them. There is no evidence he provided financial support to the movement.”.Prosecutors to date have not detailed how many of the 119 protesters charged with mischief were acquitted or convicted. Evidence showed Romlewski told constables he was “a sovereign citizen” entitled to stand on Sparks Street even after cabinet declared a national emergency. “The officers on the front line were patient and tolerant of him although resolute in not letting him pass,” wrote the Court.
