OTTAWA, ON: The Justice Centre for Constitutional Freedoms announces that lawyers have filed an appeal on behalf of Ottawa-area resident Evan Blackman, arguing that the freezing of his bank accounts under the federal government’s use of the Emergencies Act violated his rights under section 8 of the Charter, which protects Canadians against unreasonable search and seizure.
Mr. Blackman was arrested on February 18, 2022, during a large-scale police operation that cleared protestors from downtown Ottawa during the Freedom Convoy demonstrations. He was charged with mischief and obstructing a peace officer. After being released from custody several hours later, Mr. Blackman discovered that he could no longer access funds in any of his bank accounts. When he contacted his bank the following day, he was informed that the accounts had been frozen pursuant to emergency financial measures implemented by the federal government under the Emergencies Act.
Evidence presented in court showed that police had shared information with financial institutions identifying individuals associated with vehicles present in the protest zone. Financial institutions were then required to cease dealings with those identified as “designated persons,” including freezing bank accounts and reporting financial information to law enforcement authorities.
In November 2025, the Ontario Court of Justice convicted Mr. Blackman of mischief and obstructing a peace officer and dismissed his application to stay the charges, ruling that the freezing of his bank accounts was unrelated to his arrest and did not affect the criminal proceedings. Mr. Blackman is now appealing that decision to the Ontario Superior Court of Justice, arguing that the trial judge applied the wrong legal test and failed to consider whether the freezing of his accounts formed part of the same police operation that targeted protestors in Ottawa.
Constitutional lawyer Chris Fleury said, “Freezing someone’s bank account is an extraordinary use of state power. When the government interferes with a person’s ability to access their own money, the courts must carefully examine whether those actions respected the protections guaranteed by the Charter.”
“This appeal asks the court to properly consider whether the financial measures and the police enforcement operation in Ottawa were part of the same coordinated effort to remove protestors,” he added.
The appeal also argues that the trial judge failed to address key evidence showing that the financial measures and the police enforcement operation occurred simultaneously, involved the same law enforcement agencies, and were intended to achieve the same objective of ending the protest.
If successful, the appeal would likely result in a new hearing on Mr. Blackman’s application for a stay of proceedings.
