Former MPP Hillier's case over lockdown protests heads to appeals court
Former MPP Randy Hillier's continued challenge of Reopening Ontario Act charges filed against him in 2021 for his role in lockdown protests in Cornwall and Kemptville takes its next step at the end of this summer.
Hillier is appealing a decision by Ontario Superior Court Judge John Callaghan, who on Nov. 22 dismissed the original challenge the charges violated Hillier's Charter rights to freedom of assembly. Callaghan ruled 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 for rights to be restricted by government in situations where “such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”
Hillier's legal team had filed a notice of appeal in December and then finalized the related paperwork by March. Chris Fleury represented Hillier in Cornwall provincial-offences court Tuesday, requesting a lengthy adjournment to his client's case due to the appeal.
Fleury said the Ontario Court of Appeal would hear Hillier's case on Sept. 19, and requested an adjournment until after then to allow that court to hear the matter and render a decision. If the Court of Appeal sides with Hillier, it would mean the charges laid under the Reopening Ontario Act being dealt with in provincial-offences court would be quashed.
To respect the Cornwall court's time, adjourning the case on those charges until after the Court of Appeal decision avoids a scenario where the case's litigation and potential outcome here end up dismissed by the higher court.
Hillier's provincial-offence charges before court in Cornwall are being prosecuted by Brockville-based Crown attorney Alan Findlay, who was represented by assistant Crown attorney Claudette Breault on Tuesday.