Young constitutional lawyer, Sarah Miller, has set out 3 simple grounds for appeal to the Supreme Court of Canada. They are below, in the TDF posting. Some of you will know, I am a fan of Sarah Miller’s.
BACKGROUND:
Good interview of Sarah.
https://www.rebelnews.com/appeal_could_see_pastor_artur_pawlowski_exonerated_on_all_covid_19_charges?utm_campaign=buzz_05_02_24&utm_medium=email&utm_source=therebel
What happened? . . .
2022-07-22 Unanimous ruling, Alberta Court of Appeal re Artur Pawlowski. Government actions unconstitutional. (covid-related)
Unanimous ruling by Alberta’s Court of Appeal is a total legal, moral and constitutional victory for Artur Pawlowski and his brother Dawid.
In short, Alberta’s top judges ruled that:
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- the court order that was used to arrest and jail Pawlowski was flawed and therefore illegal;
- all of the punishments that flowed from that — such as being fined and jailed — were without basis. Pawlowski’s fines will be returned to him;
The additional bizarre, authoritarian penalties — banning him from going on speaking tours; requiring him to read a statement denouncing himself any time he criticized the government — were revoked, and deemed unconstitutional.
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IMPORTANT PLAYER, YOUNG LAWYER SARAH MILLER . . . more (see the posting)
And now, 2025-01-20, an Appeal has been launched to the Supreme Court of Canada, also by Sarah Miller. TDF report.
Please scroll down. There’s more than the Appeal to the Supreme Court of Canada (Sarah Miller) in today’s report from TDF.
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| NEWS RELEASE
TDF lawyers ask Supreme Court to hear Pastor Pawlowski’s appeal
With TDF’s help, Pastor Artur Pawlowski is seeking leave to appeal to the Supreme Court of Canada following his criminal convictions. |
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| CALGARY: During the Coutts Border Blockade in 2022, Pastor Pawlowski gave a speech to a crowd inside a pub, expressing support for the protesters. He was subsequently arrested, charged with multiple criminal offences and ultimately spent 52 days in jail before being released pending trial.
At trial, counsel for Pastor Pawlowski, Sarah Miller, advanced three main defences. She argued:
- Pastor Pawlowski did not incite mischief because he never told the protesters to continue blockading the highway;
- Regardless of the interpretation of Mr. Pawlowski’s speech, section 2(b) of the Charter protects the right to freedom of expression, and thus, his speech was protected; and,
- Pastor Pawlowski should be able to rely on section 430(7) of the Criminal Code, which provides that a person does not commit mischief if they attend a place for the sole purpose of obtaining or communicating information.
Although Pastor Pawlowski never physically participated in the blockade, the trial judge convicted Pastor Pawlowski of inciting mischief and breaching his release order. He was sentenced to 60 days incarceration. However, due to the amount of time Mr. Pawlowski spent in custody prior to his trial, he did not have to return to custody.
The Democracy Fund and lawyer Sarah Miller appealed this decision to the Alberta Court of Appeal, but the Court of Appeal upheld the convictions.
TDF and Ms. Miller are now seeking leave to appeal to the Supreme Court of Canada.
Sarah Miller, commenting on the leave to appeal, said, “We are hopeful that the Supreme Court of Canada will grant Mr. Pawlowski leave to appeal his convictions. In our opinion, this is a matter of public interest which touches on constitutional principles and the importance of protest, strikes, and the ability of citizens to disagree with their government. It is important that the highest Court in Canada considers if or when an individual can be charged for giving a speech at a protest. Those involved in expressing discontent need to know the scope of the state’s authority to render the person liable for criminal charges. While Mr. Pawlowski spoke at a COVID-19 protest, which was and continues to be a highly contentious issue among Canadians, the issues in this case expand to all Canadians who wish to express themselves in democratic discourse and are of utmost importance. We look forward to receiving the Supreme Court’s decision on the leave application.”
TDF Litigation Director, Mark Joseph, said: “TDF has been steadfast in our support of Pastor Pawlowski, and we’re hopeful that our client will be vindicated. This case engages issues of free speech and peaceful protests: it’s of general import to Canadian democracy, and we’re hopeful that the Supreme Court takes it up.”
The legal costs of defending Pastor Pawlowski are substantial but The Democracy Fund is committed to pursuing this matter to the highest Court in Canada. You can help Pastor Pawlowski by making a tax-deductible donation to support TDF. |
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| Sentencing outcomes for two of the “Coutts Three” announced
The Court of King’s Bench in Lethbridge has delivered its sentencing for two of the “Coutts Three.” The sentences follow their convictions for mischief over $5,000 last April, arising from their involvement in the 2022 Coutts Border Protest.
Continue reading |
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| Multiple Amish clients lose Quarantine Act ticket reopening, resulting in a potential $28K penalty
While lawyers from The Democracy Fund (TDF) have successfully reopened Quarantine Act tickets for many Amish clients, a court has recently denied the reopening applications for two married couples. Each couple faces fines of approximately $7,000 per ticket, totalling nearly $28,000 in COVID-related penalties.
Members of the Amish community in Grey County, Ontario, were convicted in absentia of various offences during the COVID-19 lockdowns. TDF is representing approximately 27 members of the community who are collectively facing $300,000 for allegedly failing to complete the ArriveCan app and other related violations.
TDF lawyers are now reviewing the court’s decision to determine whether there are grounds for appeal.
Continue reading
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| TDF and Williamson Law announce trucker ticket victory
The outcome in these cases represents an outstanding victory for civil liberty clients of The Democracy Fund. The Government attempted to bring charges against individuals and companies who allegedly had equipment parked on and near the highway during the Coutts Freedom Convoy protest.
In the face of a robust and steadfast defence, we were successful in having close to 50 charges withdrawn immediately. When the Crown sought to prosecute the remaining 11 truckers, we sought subpoenas for parties we believed had relevant knowledge of the underlying events. At that point, the Crown agreed that the remaining charges should be resolved for $1 each.
These cases show that a strong and vigorous defence is the best protection against charges levied by the Government against peaceful protestors.
Continue reading |
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