Windsor Police Service (WPS) Const. Michael Brisco filed a notice of appeal with the Ontario Civilian Police Commission (OCPC) over penalties he received for donating to the Freedom Convoy. .“Thousands of Canadians supported the Freedom Convoy and exercised their Charter right to freedom of expression by donating to the peaceful protest in Ottawa,” said Justice Centre for Constitutional Freedoms (JCCF)-funded lawyer Christopher Fleury in a Tuesday press release. .“Among the multiple grounds of appeal, the most glaring of the tribunal was its refusal to consider Const. Brisco’s Charter rights at all.” .The release said Brisco has served with the WPS for 15 years and is a trained, respected police officer with an exemplary record. It added he was on an unpaid leave from his job in 2022 for choosing not to take COVID-19 vaccines. .Brisco made a donation to the Freedom Convoy via GiveSendGo in 2022. The Ontario Superior Court of Justice ordered the day before — subject to compliance with an injunction granted against honking in Ottawa — “persons remain at liberty to engage in a peaceful, lawful and safe protest.” .The release acknowledged the donation was brought to the attention of the WPS when the donor list was hacked from GiveSendGo. It said the Ontario Provincial Police intercepted the donor list and assisted in identifying police donors throughout the province. .The WPS chose to prosecute Brisco for discreditable conduct for making a $50 donation to the Freedom Convoy. .After a hearing before an OPP adjudicator, the tribunal ruled in March he was guilty of discreditable conduct for making the donation. The tribunal ordered him on May 18 to forfeit 80 hours of work as punishment. .Fleury concluded by saying the tribunal was “required by law to balance our client’s rights to freedom of expression with the statutory objectives of the Police Services Act.” .“Failing to conduct this analysis is a serious error of law,” he said. .The JCCF confirmed on June 1 Brisco was looking at appealing his discreditable conduct charge to the OCPC. .READ MORE: Justice Centre helping police officer appeal conviction for $50 Freedom Convoy donation.“Const. Brisco was exercising his right to freedom of expression when he made a small donation to the Freedom Convoy,” said JCCF-funded lawyer Sayeh Hassan. .“He fully believed the protests were peaceful, and his beliefs were confirmed by the Superior Court, which allowed for the protests to continue, albeit without honking.”
