Harold Jonker, owner of Jonker Trucking and former councillor for the township of West Lincoln Ontario, has been acquitted of all charges related to his participation in the 2022 Freedom Convoy in Ottawa.
Mr. Jonker, who joined the protest as a “road captain” for the Niagara contingent, arrived in Ottawa January 28 of 2022 to oppose Covid-19 vaccine mandates, restricting unvaccinated truck drivers from cross-border travel and effectively eliminating their livelihoods.
For the duration of the Convoy, Mr. Jonker’s truck remained parked on Coventry Road, away from the downtown area. He received no fines or charges during his attendance at the three-week protest.
Regardless, in May of 2023, fifteen full months after the protest ended, he was abruptly charged with mischief, counseling mischief, intimidation, and counseling intimidation.
The trial, held early last month, saw the Crown arguing that Mr. Jonker’s media interviews incited mischief and that, as road captain, he controlled the movements of trucks parked downtown.
Notably, Crown witnesses admitted that emergency lanes were open and available during the convoy – a fact that stands in direct conflict with what the public were being told.
The JCCF countered, arguing that the significant delay in bringing charges constituted an abuse of process, violating his Section 7 rights. The timing of the charges, immediately following his inclusion in a $290 million class-action lawsuit against convoy participants, suggested potential political motivations. The delay, and the context of the charges, raised questions about whether the legal process was being used to penalize his dissent, rather than address specific criminal acts.
Justice Phillips rejected the Crown’s claims, noting that Mr. Jonker’s interviews were descriptive, not inciting, and that there was insufficient evidence to prove he directed the trucks’ placement or committed any criminal acts. In summary, Justice Phillips stated that he found no proof of Mr. Jonker’s guilt beyond a reasonable doubt.
Separately, immediately upon his return to West Lincoln at the end of the convoy, Mr. Jonker’s role as a town councillor came under fire when the Council accused him of breaching his code of conduct, despite attending the convoy as a business owner and not in his political role. They took the position being promoted by government (and furthered by msm); assuming guilt for all involved without due process.
The Council levied penalties against him, including a fine of 30-days’ pay, which the JCCF challenged as a violation of his Charter-protected freedom of expression, as it punished him for his political stance and participation in a lawful protest.
While the court’s decision eliminated the criminal charges, the earlier municipal penalty from West Lincoln Council remains a point of contention and further highlights other recent issues between municipal government bodies and their flawed implementations of our Charter protections.
We stand with Mr. Jonker and his team, and applaud their success. This process has been nothing more than an effort to criminalize his participation in a lawful protest, while the subsequent dismissal of all charges highlights the judiciary’s role in checking government overreach.
This acquittal represents a victory for our right to peaceful protest and reinforces the protection of our freedoms of expression and peaceful assembly under the Charter. It sets a precedent, showing that peaceful protest and expressive activities, even if controversial, are protected unless clear evidence of criminality is proven beyond a reasonable doubt.
This ruling should be seen as one that strengthens the ability of Canadians to engage in peaceful protests without fear of delayed legal repercussions. It also affirms that individuals like Mr. Jonker, who organize or participate in these demonstrations, cannot be held liable for the collective actions of others, absent direct evidence of wrongdoing.
To read the media release by the Justice Centre for Constitutional Freedoms, click here
