The Democracy Fund (TDF) lawyers have secured an unqualified withdrawal of criminal charges against a Windsor man who was part of the Freedom Convoy protest in Windsor in February, 2022..Eric Lemmon was charged with mischief and disobeying a court order when he retained TDF to defend him against these charges in May, 2023. A two-day trial was set to commence on Aug. 14, however, the Crown withdrew the charges Aug. 1, telling Justice Le Roy of the Ontario Court of Justice that there was no reasonable prospect of conviction. .Alan Honner, TDF’s litigation director and lead counsel on this matter, says the Crown withdrew the charges after the defence disclosed their contention that Lemmon was only on the sidewalk, with video evidence to prove it..“This is a case where the Crown and defence worked together to achieve the right result,” says Honner..An unqualified withdrawal of charges is considered a favourable resolution to criminal charges, as is an acquittal or a stay-of-proceedings..Honner appeared before the Ontario Court of Justice July 21 seeking particulars of the alleged crimes committed by his client. The motion concluded with the prosecution agreeing to provide a full list of witnesses and evidence by Aug. 1..The concept of particulars is similar to disclosure, but distinct, according to Honner.."The prosecution has a duty to fully disclose all relevant evidence to the accused, but particulars need only be disclosed if a judge is satisfied that it is necessary for a fair trial," he explains..Honner says particulars might be ordered where a crime can be committed in different ways, where disclosure is broad or where there are multiple co-accused. .TDF is crowd-funding the defence of Tamara Lich, the Medicine Hat mother and grandmother. She has retained Lawrence Greenspon, an Ottawa lawyer with experience handling complex and serious cases..Lich’s trial will begin in Ottawa on Sept. 5, and could last three weeks. Her legal bill is expected to be $300,000.."Tamara's prosecution shows how a prominent political dissident is treated by our justice system. Many people see Tamara as a political prisoner as her prosecution has been impassioned and she has already been imprisoned for 49 days on relatively minor charges,” says Honner.."The trucker convoy exposed the government's willingness to invoke extraordinary powers to suppress a nationwide protest that was remarkably peaceful. Tamara has become the face of that protest, so there is a lot at stake in the outcome of her trial.".Founded in 2021, The Democracy Fund (TDF) is a Canadian charity dedicated to constitutional rights, advancing education and relieving poverty..TDF promotes constitutional rights through litigation and public education. TDF supports an access to justice initiative for Canadians whose civil liberties have been infringed upon by government lockdowns and other public policy responses to the pandemic.
