The Ontario Court of Appeal has dismissed a Charter challenge brought by a retired Canadian Forces veteran who was arrested while attempting to stand guard at Ottawa’s National War Memorial during the 2022 Freedom Convoy protest.Master Warrant Officer (Ret’d) Jeffrey Evely was convicted of mischief and obstruction after entering a restricted zone near the memorial on Feb. 19, 2022. He had travelled to Ottawa to join demonstrators protesting lockdowns and vaccine mandates.According to the Justice Centre for Constitutional Freedoms, which supported his legal challenge, Evely organized fellow veterans to help protect the memorial after allegations surfaced that it had been desecrated during the protests. He reportedly volunteered for pre-dawn sentry shifts at the site.Police had sealed off large sections of downtown Ottawa at the time. As Evely made his way to the memorial for guard duty, he entered an area closed to public access and was arrested..Evely pleaded not guilty and challenged his arrest under Section 9 of the Charter, arguing he had been subjected to arbitrary detention. He maintained police lacked lawful authority to block access to public streets and detain civilians entering restricted zones.On Aug. 15, 2025, lawyers funded by the Justice Centre filed an appeal seeking to overturn the conviction and secure a full acquittal. The appeal argued police did not have common-law authority to shut down broad swaths of the nation’s capital or impose checkpoints restricting civilian movement.In its decision, the Ontario Court of Appeal rejected those arguments and upheld the conviction.Constitutional lawyer Chris Fleury expressed disappointment with the ruling.“We are disappointed that the Court of Appeal declined to overturn Mr. Evely’s conviction. This case raises serious concerns about the scope of police powers to restrict access to public spaces and detain peaceful citizens without clear legal authority,” Fleury said..He added that Evely believed he was acting to honour fallen soldiers by protecting a national symbol of sacrifice, and argued the case highlights broader constitutional questions about arbitrary detention and limits on state authority.The Justice Centre says it will continue backing Canadians who challenge government actions restricting access to public spaces and what it describes as infringements on fundamental freedoms protected under the Charter, including the right to liberty and freedom from arbitrary detention.
