OTTAWA, ON: The Justice Centre for Constitutional Freedoms announces that the Ontario Court of Appeal has dismissed the appeal of retired Canadian Forces veteran Master Warrant Officer (Ret’d) Jeffrey Evely, who was convicted of mischief and obstruction after attempting to stand guard at the National War Memorial during the peaceful Freedom Convoy protest in February 2022.
Mr. Evely joined the Freedom Convoy to peacefully protest lockdowns and vaccine mandates. When allegations arose that the National War Memorial had been desecrated, he organized fellow veterans to protect the site and volunteered for the least desirable pre-dawn shifts. On February 19, 2022, while making his way to the memorial for sentry duty, Mr. Evely was arrested after entering an area that police had sealed off from public access.
Mr. Evely pleaded not guilty and challenged his arrest under section 9 of the Charter, which protects Canadians against arbitrary detention. He argued that police lacked lawful authority to block access to public streets and arrest civilians who entered restricted areas.
On August 15, 2025, lawyers funded by the Justice Centre filed an appeal with the Ontario Court of Appeal, seeking to overturn the conviction and obtain a full acquittal. The appeal argued that police had no common-law authority to close large sections of Ottawa or restrict civilian movement through checkpoints.
Constitutional lawyer Chris Fleury said, “We are disappointed that the Court of Appeal declined to overturn Mr. Evely’s conviction. This case raises serious concerns about the scope of police powers to restrict access to public spaces and detain peaceful citizens without clear legal authority.”
“Mr. Evely was attempting to honour and protect a national symbol of sacrifice, and his arrest underscores the broader constitutional issues surrounding arbitrary detention,” he added.
The Justice Centre continues to support Canadians challenging government actions that restrict access to public spaces and engage fundamental freedoms protected under the Charter, including the right to liberty and freedom from arbitrary detention.
