Veteran Files Appeal After Conviction for Trying to Guard War Memorial During Freedom Convoy

A retired veteran has filed an appeal after he was convicted of mischief and obstruction while attempting to stand guard at the National War Memorial during the 2022 Freedom Convoy protest.

The Justice Centre for Constitutional Freedoms (JCCF) said it filed the appeal in the Ontario Court of Appeal on behalf of Jeff Evely, who joined the Freedom Convoy, a protest of COVID-19 lockdowns and vaccine mandates in early 2022.

It is the second time Evely has filed for appeal, as the Superior Court of Justice dismissed his first one in July.

During the protest, Evely heard reports that the war memorial had been desecrated and organized with other veterans to protect the area. He volunteered for the pre-dawn shift to protect the site, according to JCCF.

Police arrested Evely on Feb. 19, two days after the federal government invoked the Emergencies Act to clear the convoy protests. The Act granted police extraordinary powers to clear protesters from Ottawa’s downtown core.

Evely was charged with mischief and obstruction as he had been trying to reach the site through an area that police had sealed off to the public, JCCF said. He was convicted of those charges in September 2024.

According to the July court documents, Evely was tackled by police after he failed to stop when asked.

“Early the morning of February 19, 2022, Mr. Evely was in the restricted area on Wellington Street, behind the police line. He was asked to stop on several occasions. He did not stop. He had to be tackled to the ground by the police officers,” Justice Pierre Roger wrote. Roger noted Evely was also searched by officers, which yielded his wallet and identification.

The Superior Court of Justice upheld the lower court decision, saying that the trial judge did not err when she determined there was a legitimate police operation and police were securing the area to restore order.

JCCF-funded lawyers are arguing in the latest appeal that police had no authority to close off sections of Ottawa or restrict movement through checkpoints.

Attorney Chris Fleury said police “greatly exceeded” their powers under common law.

“By locking down large sections of downtown Ottawa, the police were effectively preventing all civilians from accessing public areas,” he said.

“This case raises issues that have implications for protests across the province and the country. We are hopeful that the Ontario Court of Appeal will agree and grant leave to appeal,” he added.

The appeal comes less than two months after Evely challenged the Nova Scotia government for restricting public use of wooded areas during wildfire season.

In August, he filed a legal challenge to the provincial prohibition against going into the woods and a $28,000 ticket he deliberately received for not following it.

Evely is seeking a judicial review of the government action, arguing that the restriction is unreasonable and unconstitutional, and that it violates his Charter rights of liberty and security of the person.

The restrictions were in place in some areas of the province until Oct. 15, with the government saying the measure was needed to prevent wildfires.