An Alberta police officer suspended without pay for speaking at a Freedom Convoy rally has won his case in court, with an Edmonton judge ruling the punishment unjustified.
Justice James Nelson of Alberta’s Court of King’s Bench found the disciplinary action against Staff Sgt. Richard Abbott of the Edmonton Police Service flawed.
“Facts and evidence were garbled in justifying the suspension,” Nelson wrote. He noted that while police officers are held to higher standards limiting their freedom of expression, the specific circumstances of Abbott’s case did not support the penalty.
Abbott, a 26-year veteran with no prior misconduct, was suspended in 2022 after delivering a videotaped speech at a Freedom Convoy rally in Milk River, Alberta.
Then-Police Chief Dale McFee accused Abbott of breaching Police Service Regulations by engaging in political activity that could undermine public confidence in police impartiality.
“Your conduct of engaging in the political activity of the Freedom Convoy is likely to interfere with and adversely influence decisions you are required to make in the performance of your duties,” McFee wrote.
He claimed Abbott’s actions created a conflict of interest and could erode trust in the police’s ability to act impartially, particularly regarding protestors involved in illegal activities.
The Police Service mistakenly alleged Abbott attended and supported the unlawful border blockade at Coutts. Abbott successfully argued that he had only attended a peaceful protest miles away in Milk River, never endorsed illegal activities, and did not use social media to promote the movement.
Abbott expressed opposition to vaccine mandates and voiced support for the peaceful aims of the Freedom Convoy. This distinction proved significant, Nelson ruled, leading the Court to overturn the suspension.
The case highlighted broader concerns about law enforcement personnel sympathizing with the Freedom Convoy. Federal records noted that some RCMP and Canadian Armed Forces members had shown support for the movement.
An April 2022 RCMP memo acknowledged “former and current members participating in the protest,” though it did not specify numbers.
Similarly, Department of National Defence memos identified at least eight known Convoy sympathizers at military bases across the country.
While acknowledging the right of military members to personal opinions, the Defence Department characterized public support for the Convoy as a breach of its Code of Service Discipline, citing regulations on public commentary.