Windsor demonstrator's mischief and court order violation charges have been withdrawn through alternative measures.
WINDSOR: Criminal charges of mischief and disobeying a court order were formally withdrawn against Kevin Bindner in a Windsor courtroom on Friday, January 12, after he made a $500 donation to Chatham-Kent Hospice Foundation.
The charges were dropped through the "alternative measures" process. As outlined in the Criminal Code, alternative measures encompass non-judicial approaches to address allegations against an adult person accused of committing an offence. These measures require no admissions from the accused nor result in a determination of guilt or a criminal record. However, they do require the acknowledgment of responsibility for the act or omission forming the basis of the alleged offence.
The decision to drop charges against Mr. Bindner came prior to his scheduled trial, slated to commence on April 15 in the Ontario Court of Justice, with an expected duration of two days.
"We were fully prepared to proceed to trial as we believed Mr. Bindner had a strong case," asserted Adam Blake-Gallipeau, counsel for Mr. Bindner. Blake-Gallipeau further explained that Mr. Bindner's arrest during the protests, while crossing the street with his wife, would have required the Crown to establish, beyond a reasonable doubt, not only the obstruction of traffic but also the intent behind such actions.
The Democracy Fund (TDF) has represented a total of 13 clients who were criminally charged in connection to the Freedom Convoy protests in Windsor, Ontario. All of those clients have either had their charges withdrawn or discharged, with the exception of one client who was convicted and sentenced to probation. TDF lawyers have already filed a Notice of Appeal in the Superior Court of Justice to have that sentence varied to a discharge.
"The right to protest is a foundational democratic right in Canada," added Blake-Gallipeau. "In many cases, we argue that this right has been violated. We will continue to defend individual rights and freedoms."
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About The Democracy Fund:
Founded in 2021, The Democracy Fund (TDF) is a Canadian charity dedicated to constitutional rights, advancing education and relieving poverty. TDF promotes constitutional rights through litigation and public education. TDF 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.