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Another Freedom Convoy protester arrested during the 2022 Ambassador Bridge blockade has had his charges dropped, according to The Democracy Fund.
Kevin Bindner was charged with mischief and disobeying a court order. But The Democracy Fund said Friday those charges were formally withdrawn in a Windsor courtroom on January 12, after he made a $500 donation to the Chatham-Kent Hospice Foundation.
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“The right to protest is a foundational democratic right in Canada,” said Adam Blake-Gallipeau, a lawyer with The Democracy Fund who represented Bindner. “In many cases, we argue that this right has been violated. We will continue to defend individual rights and freedoms.”
At least 46 people were arrested in the wake of the week-long bridge blockade by protesters angry about COVID-19 mandates. Dozens of people were charged with mischief for blocking access to the bridge and for disobeying a court order after a Superior Court justice issued an injunction.
There have been some convictions, but many of the criminal charges have been either quietly withdrawn or settled through alternative means.
The Democracy Fund, a charity founded in 2021, said it has represented 13 clients who were criminally charged in connection to the Windsor protest.
The agency said it “promotes constitutional rights through litigation and public education,” and “supports an access to justice initiative for Canadians whose civil liberties have been infringed by government lockdowns and other public policy responses to the pandemic.”
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The organization said in a media release that 12 of the people it represents had their charges either withdrawn or discharged.
One client was convicted and sentenced to probation. The Democracy Fund said its lawyers have filed a Notice of Appeal to have that sentence changed to a discharge.
The group said Bindner’s charges were withdrawn through an “alternative measures” process, which do not result in a determination of guilt or a criminal record, but do require an acknowledgement of responsibility.
The withdrawal of charges means Bindner’s trial, which was scheduled to begin April 15, will not go ahead.
Blake-Gallipeau said Bindner was arrested during the protests while crossing the street with his wife. He said the Crown would have had to establish beyond a reasonable doubt not only the obstruction of traffic, but the intent behind such actions.
“We were fully prepared to proceed to trial as we believed Mr. Bindner had a strong case,” said Adam Blake-Gallipeau.
twilhelm@postmedia.com
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