Police officer challenges harsh discipline in free speech case

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TORONTO, ON: The Justice Centre announces that the Ontario Civilian Police Commission will hear the appeal of Constable Michael Brisco today, who is challenging his conviction and penalty for donating to the Ottawa Freedom Convoy in early 2022. This case raises questions about the Charter’s protection for freedom of expression, the right of police officers to support political causes while off duty, and the privacy rights of all Canadians.

Constable Michael Brisco of the Windsor Police Service is a highly trained and respected police officer with no prior disciplinary record. He made a $50 donation to the peaceful Freedom Convoy protest through the GiveSendGo fundraising platform on February 8, 2022 – one day after an Ontario Superior Court Judge held that people could continue to engage in “peaceful, lawful and safe protest” in Ottawa so long as honking ceased. When making his donation, Constable Brisco did not identify himself as a police officer and did not contribute to the protest in his capacity as a police officer.

Days later, the GiveSendGo donor list was hacked. The Ontario Provincial Police Service acquired the list and forwarded a set of names to the Windsor Police Service, who discovered that Constable Brisco had donated to the protest.

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