Maxime Bernier

Cullen McDonald has won his case! It’s all-over social media, but why should we care?

We should, and here’s why ~

Cullen became a test case for Canada. While similar cases were being dismissed across the country, Mr. McDonald’s case was pushed forward by prosecutors in hopes of setting a precedent for future cases pitting public health orders against our Charter rights.

Criminal lawyer Saaron Gebresellassi stated “In all of my years of practicing law, I have never seen a case that has the potential to cause more damage to rights and freedoms in Canada, than the case of His Majesty the King vs McDonald.”

Mr. McDonald was charged with three counts of Common Nuisance (the default charge for anyone who dared protest public health mandates); two charges for attending a protest in Niagara and a third for attending a protest in St. Catherine’s.

His charges from Niagara were acquitted by Justice Richard Blouin who concluded that “elevating a violation of provincial health orders to a criminal offense would set a dangerous precedent, as it would allow every infraction of public health measures to be treated as a criminal offense rather than just a provincial violation.”

A few weeks later and a few towns over, the charge from St. Catherine’s produced a verdict in direct opposition to the previous, despite being nearly identical cases. Justice De Filippis, believing Cullen held a higher level of responsibility as one of the organizers of the protest, levied a guilty verdict against Cullen, leaving him with a criminal record and fine of $4000.

Cullen appealed his guilty verdict, while the Crown Prosecutor, Michael Lucifora, appealed both acquittals and the sentencing of his guilty verdict, believing one year in jail would be more suitable than simply paying a fine and victim surcharge.

In a show of true Canadian justice, the appeal court’s decision not only dismissed the Crown's appeals of Mr. McDonald’s acquittals, but the judgement also overturned the original guilty verdict. Cullen McDonald is a free man.

The potential impacts to all Canadians, had this case been lost, are truly sobering. At stake were the very rights and freedoms we’ve all believed were there to protect us from tyrannical government over-reach: our freedom of conscience and religion, our freedom of thought, belief, opinion and expression, our freedom of peaceful assembly and our freedom of association.

Had the crown won their case, police would be free to arbitrarily arrest anyone violating a bylaw, in the name of public safety and with no regard for their rights.

Make no mistake, Cullen McDonald’s win is a win for all of Canada!

We now have a precedent validating the rightful position of our Charter of Rights and Freedoms within the context of the pandemic and associated public health measures. All Canadians should be celebrating this victory!

We thank him for his hard work and determination and applaud all who supported and promoted his case. Cullen firmly believes that, without the show of support from Canadians, his case may have been lost, like so many others.

We all stand together for the rights and freedoms of all Canadians.

https://x.com/PoliceOnGuard/status/1846544566406574247?t=lkO-q0pYmfKmhKdaJIXQzQ&s=19

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