Pastor Pawlowski seeks appeal from the Supreme Court of Canada for criminal convictions

After his conviction for supporting the 2022 Coutts border blockade, Pastor Artur Pawlowski will continue defending his right to free speech and argue that he did not incite mischief.

Pastor Artur Pawlowski is seeking leave to appeal his criminal convictions to the Supreme Court of Canada after supporting the 2022 Coutts protest.

The Coutts border blockade, part of the broader Freedom Convoy protests in Ottawa, saw truckers, farmers, and supporters using heavy equipment to block a major U.S.-Canada border crossing in protest of COVID-19 vaccine mandates, fuelled by frustration over being ignored by politicians when expressing concerns about indiscriminately and harshly imposed pandemic measures.

Pawlowski was arrested and charged with several offences after delivering a speech inside a pub, where he expressed solidarity with the protesters. His arrest led to 52 days in jail before he was released pending trial.

The Democracy Fund (TDF), a registered Canadian charity, has covered Pastor Pawlowski’s legal expenses, retaining defence lawyer Sarah Miller who raised three main arguments at trial:

  1. Pawlowski did not incite mischief, as he never encouraged protesters to continue the blockade.
  2. His speech was protected under Section 2(b) of the Canadian Charter of Rights and Freedoms, which guarantees freedom of expression.
  3. Under Section 430(7) of the Criminal Code, Pawlowski should not be found guilty of mischief since his sole intent was to communicate information.

Despite these defences, the trial judge convicted Pawlowski of inciting mischief and breaching his release order, sentencing him to 60 days in jail. However, since Pawlowski had already served time prior to trial, he was not required to return to custody.

After the Alberta Court of Appeal upheld the conviction, TDF and Miller are now seeking leave to appeal the case to the Supreme Court.

Miller emphasized the significance of the case in a press release, stating, “This is about more than just one man’s case. It touches on constitutional rights, freedom of expression, and the right to protest. It is crucial that the Supreme Court address the limits of government authority when it comes to criminalizing speech at protests, especially in light of the contentious COVID-19 protests. The outcome will have implications for all Canadians who wish to express dissent in a democratic society.”

As the legal battle continues, the question remains: will the Supreme Court step in to protect the fundamental rights of Canadians to speak out against their government?

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Tamara Ugolini

Senior Editor

Tamara Ugolini is an informed choice advocate turned journalist whose journey into motherhood sparked her passion for parental rights and the importance of true informed consent. She critically examines the shortcomings of "Big Policy" and its impact on individuals, while challenging mainstream narratives to empower others in their decision-making.

COMMENTS

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  • Bruce Atchison
    commented 2025-01-20 19:54:40 -0500
    This prosecutorial persecution must stop when Pierre Poilievre gets in. It’s obvious that this pastor is the victim of political persecution. The vendetta against him must be stopped.