MPP loses bid to overturn bail restrictions on social media access

Content of the article

Randy Hillier has lost his bid to lift bail conditions that prevent him from posting his well-known support for anti-vaccine and anti-masking causes on social media.

Content of the article

Superior Court Judge Hugh McLean wasted no time on Thursday in denying Hillier’s attorney David Anber’s request, with the veteran judge delivering his decision moments after hearing arguments from Anber and the prosecutor’s office. the Tim Wightman Crown.

Hillier attended Thursday’s hearing in person as he sought to overturn two of his bail conditions, including the provision that bars him from posting any criticism of the vaccine or masking warrants on his widely followed social media accounts, and another condition that prohibits Hillier from entering a “restricted area” of downtown Ottawa.

Hillier stood up and quickly put on his jacket after McLean’s decision brought the hearing to an abrupt end.

McLean is the same judge who granted an injunction in February to ban “Freedom Convoy” protesters from honking trucks in the city center.

Content of the article

Wightman filed as evidence a police investigation report outlining the potential disruption the city faces following the expected “Rolling Thunder” motorcycle protest in Ottawa this weekend.

Anber responded by dropping a video statement from Mayor Jim Watson during Wednesday’s council session, in which the mayor assured citizens that the impending protest would not have the same impact as February’s “Freedom Convoy.”

“It’s just not necessary to maintain this condition at this point, given the time taken away from the ‘freedom convoy,'” Anber said in his arguments to overturn the restriction and allow Hillier access to the center. -city of Ottawa.

Anber made separate constitutional arguments in an attempt to loosen Hillier’s restrictions on social media, saying the link was “far too tenuous” between Hillier’s social media posts and lawless behavior by some protesters.

Content of the article

“Just because they were against vaccination policies doesn’t make it the basis of the alleged criminality,” Anber told the judge. “It was the way they protested that led to the charges.”

Hillier’s social media posts, Anber argued, are only “weakly related to the wrongdoing the Crown wants to establish.”

Hillier, who continues to serve in the Legislative Assembly as an independent, is “extremely high profile”, Anber said, and his social media accounts would be easily monitored by police.

In a sometimes testy exchange with the judge, Anber repeated his main argument that allowing Hillier’s social media posts would not pose a significant risk of committing further offenses.

“Why is the mere fact of talking about these problems a substantial likelihood of recidivism? Anber asked at one point.

Content of the article

Wightman countered that Hillier had “demonstrated a pattern that meets the threshold of a substantial likelihood of recurrence…

“He was using social media to goad others into committing offenses during this month-long protest,” Wightman said. “And there’s a good chance he’ll incentivize more of the kind of conduct that he incited when he occupied downtown Ottawa.”

Hillier used his influence on social media to “urge” others to come to downtown Ottawa even after federal emergency measures and stern warnings from police, Wightman said.

He also urged his supporters to flood non-emergency lines at the height of the protest and ensuing mass arrests, Wightman said.

“The people of Ottawa have been endangered by Mr. Hillier’s conduct,” Wightman said. “He was doing it during the occupation, and he was using social media to do it.”

Content of the article

McLean referenced the numerous provincial offenses Hillier faces after being ticketed at several anti-warrant rallies in Ontario communities.

“Your client has an interesting history of breaking the law,” the judge told Anber in denying the request.

McLean also rejected the argument that the court-imposed social media restriction violated Hillier’s right to free speech, either as a a ordinary citizen or as an elected representative of the voters of Lanark-Frontenac-Kingston.

“We have evidence that, for a long period of time, Mr. Hillier failed to comply with provincial offences. He also encouraged others to break those laws,” McLean said. “These (social media) restrictions are entirely reasonable and appropriate, given these circumstances.”

Content of the article

The judge also disagreed that the restriction barring Hillier from entering downtown Ottawa was “no longer necessary,” as Anber argued.

“We have evidence from the police regarding the protest taking place over the weekend…There is some concern in the City of Ottawa about this,” McLean said.

“The court is not satisfied that there is a reason to review or vary any of the orders…and for those reasons, the application is dismissed.”

‘Freedom Convoy’ organizer Tamara Lich is also set to challenge bail conditions that restrict her access to social media accounts after her attorney, Lawrence Greenspon, won a procedural challenge on Wednesday to have a review of bail heard. bail in Superior Court.

Assistant Crown Attorney Moiz Karimjee had argued that a Superior Court judge would not have jurisdiction to overturn a decision of another Superior Court judge.

Judge Julianne Parfett imposed a publication ban on the reasons supporting her decision on Wednesday, although Greenspon has previously indicated that he intends to challenge his client’s bail conditions, arguing that there were errors of law when the conditions were imposed and that the conditions were too intrusive for Lich. Charter rights.

That bail review hearing is scheduled to take place next month.

ahelmer@postmedia.com

Twitter.com/helmera