(Ottawa) Former Ontario MLA Randy Hillier, who faces charges in connection with last year’s “freedom march,” is seeking for the second time to move his jury trial away from ‘Ottawa.
Mr. Hillier’s lawyer argued in court Tuesday that widespread opposition to protests in Canada’s capital could lead to an unfair trial if his case is heard in the city.
Crown prosecutors, meanwhile, said legal safeguards were in place to ensure the jury’s impartiality.
Mr. Hillier faces nine charges relating to his participation in protests, which occurred in the winter of 2022, against public health measures related to COVID-19 and the federal government.
These charges include assault on a public officer or peace officer, criminal mischief, counseling another to commit wrongdoing, and willfully obstructing or resisting a public officer or peace officer in the execution of its functions.
Defense lawyer David Abner argued that the “political demonization” of the convoy movement in Ottawa, particularly by local politicians, “has the effect of potentially tainting the jurors’ point of view.”
He also said the City of Ottawa’s opposition to the convoy movement could harm the trial.
Mr. Abner highlighted, for example, the city’s decision to award a reward to downtown resident Zexi Li, the lead plaintiff in a class action against convoy organizers that helped secure a temporary injunction prohibiting demonstrators from honking their trucks.
Mr Abner also claimed that media coverage of the protests could have had a negative impact on public opinion.
However, Crown prosecutor Dallas Mack said the protests had benefited from national and international coverage presenting different perspectives on the issue.
Mr. Mack said legal principles and precedence mean jurors must be trusted to set aside biases or preconceived notions, regardless of the location of the trial.
Superior Court Judge Kevin Phillips denied Mr. Hillier’s initial request for a change of venue, citing procedural safeguards that would ensure a fair trial.
In April, Mr Phillips summarily rejected such requests from Mr Hillier and convoy organizer Pat King. He made the decision a day before Mr. Hillier’s lawyer was ready to present arguments on why the trial should be moved.
Mr. Phillips ruled that he was bound by an earlier court ruling in the case of convoy organizer James Bauder, who also argued, unsuccessfully, for his trial to be moved to another area.
An unrelated Supreme Court ruling days later suggested that justices take a more cautious approach when summarily rejecting applications, leading Mr. Phillips to reverse his own decisions and allow filing new requests with another judge.
“The first judge was wrong,” said Mr. Abner on Tuesday.
He cited the municipalities of Perth or Pembroke as possible locations if the trial was moved.
“We do not favor any specific jurisdiction. We just don’t think it’s appropriate to be in Ottawa,” Mr. Abner argued.
The court was adjourned on Tuesday before Judge Anne London-Weinstein made a decision.
The next hearing in this case is scheduled for October 6.