The Ontario Court of Appeal will hear Hillier’s Charter challenge

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Former MP Randy Hillier’s ongoing challenge to the reopening of the Ontario Act, charges brought against him in 2021 for his role in the lockdown protests in Cornwall and Kemptville takes the next step later this summer.

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Hillier is appealing a decision by Ontario Superior Court Justice John Callaghan, who on Nov. 22 dismissed the original appeal, alleging that it violated Hillier’s Charter rights to freedom of assembly. Callaghan ruled that Hillier’s rights were violated by the pandemic-era restrictions on public gatherings in place at the time, but those restrictions were acceptable under section 1. That section allows rights to be restricted by the government in situations where “so reasonable limits provided by law. as can be justified in a free and democratic society.”

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Hillier’s legal team filed a notice of appeal in December and then completed the related paperwork by March. Chris Fleury represented Hillier in Cornwall Provincial Criminal Court on Tuesday morning, requesting a lengthy delay in his client’s case due to the appeal.

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Fleury said the Ontario Court of Appeal will hear Hillier’s case on Sept. 19 and asked for an adjournment until after that to allow that court to hear the matter and make a decision. If the Court of Appeal sides with Hillier, it would mean charges under the Ontario Reopening Act, which are being handled in provincial criminal court, would be dropped.

To respect the court’s time in Cornwall, adjourning the case on those charges until after the Court of Appeal’s decision avoids a scenario where the litigation and the potential outcome of the case here ends up being dismissed by the higher court.

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Hillier’s provincial felony charges in court in Cornwall are being prosecuted by Brockville Crown attorney Alan Findlay, who was represented Tuesday by assistant Crown attorney Claudette Breault.

The Standard-Freeholder’s Zoom stream of Tuesday morning’s court proceedings dropped as the presiding justice of the peace was about to confirm a date for Hillier’s case to return to court in Cornwall — a request to SDG Court Services that inquired about that date has not been answered. until the time of publication.

The Court of Appeals has not yet determined whether the September 19 hearing will be in person, hybrid or virtual. After the court issues its decision, either party could seek permission from the Supreme Court of Canada to hear a final appeal if they are not satisfied with the decision.

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