Freedom Convoy trucker found guilty of mischief over two years after Emergencies Act invocation

In a recent trial that concluded on February 19, the judge delivered a verdict in the case of Jay Vanderwier, a prominent figure associated with the 2022 Freedom Convoy protests. Vanderwier was the driver of the truck called by many supporters "The Shed."

For the entire three weeks, he was parked in front of Parliament Hill in Ottawa. After the Trudeau government invoked the Emergencies Act, police cracked down to dismantle the protest — and this lasted two days. Vanderwier was arrested during this period and charged with multiple criminal offences, including resisting arrest and mischief.

David Anber, Vanderwier's lawyer, provided insights into the trial's outcome, shedding light on the legal proceedings and their implications.

According to Anber, the judge found Vanderwier guilty of two counts of mischief related to his involvement in the Freedom Convoy. Anber explained, "The judge found Mr. Vanderwier guilty of the offences that remained before the court. The two mischief counts." The verdict underscored the judge's view that the Freedom Convoy itself constituted mischief, and Vanderwier's active participation contributed to this offence.

Anber highlighted the legal arguments presented during the trial, noting the challenges in establishing Vanderwier's individual actions. He stated, "Here's what was interesting is that there's no specific evidence of what Jason did himself." Despite this, the court determined that Vanderwier's involvement in the convoy warranted charges of mischief.

Addressing concerns about the legality of the convoy and its implications for protest rights, Anber emphasized the complex interplay between criminal and constitutional law. He noted, "There's always going to be some annoyance to people who don't share the view." However, he raised questions about the legality of police actions and the enforcement of protest rights during the convoy.

Regarding potential sentencing, Anber outlined the options available to the court, including jail time, house arrest, or probation. He indicated that the Crown may seek a period of incarceration, but the final decision would consider various factors, including Vanderwier's prospects of rehabilitation.

Looking ahead, Anber hinted at the possibility of appealing the verdict, underscoring the conservative nature of Canadian appellate law. He expressed reservations about the trial's outcome, particularly concerning the interpretation of constitutional rights and the enforcement of the law during the convoy.

The trial's verdict has reignited debates about protest rights, legal accountability, and the role of law enforcement in managing public demonstrations. As Vanderwier awaits sentencing, the case serves as a focal point for broader discussions about civil liberties and the rule of law in Canada.