Freedom Convoy participant, James Bauder, is seeking political asylum in the U.S. The Canadian Court issued a bench warrant for his arrest.
Ottawa— TDF-funded lawyers Lawrence Greenspon and Eric Granger appeared on behalf of Freedom Convoy protester, James Bauder, in Ottawa court on August 27. Justice Phillips had previously ordered Bauder's attendance to explain his intentions regarding his upcoming criminal trial. Bauder is charged with 5 criminal offences arising from his peaceful participation in the 2022 Freedom Convoy protest in Ottawa: mischief, counselling mischief, intimidation, counselling intimidation and obstructing police. His criminal trial is scheduled for November 10, 2025.
Mr. Bauder maintains that he faces political persecution by the Canadian government due to his participation in the Freedom Convoy: he has recently filed an asylum claim in the United States. Under U.S. law, if an asylum claimant returns to Canada while their U.S. asylum claim is pending, it may undermine the claim of persecution, thereby jeopardizing the asylum application. Accordingly, on August 11, 2025, TDF lawyers brought an application to adjourn Mr. Bauder's November criminal trial. The Court reserved judgment and required Mr. Bauder to attend court in person on August 27 to explain his adjournment request.
At the August 27 hearing, Lawrence Greenspon suggested that Bauder was prepared to appear remotely at the day's hearing. Greenspon argued that Bauder could not attend in person because it would result in forfeiture of his pending application for asylum in the U.S. Nevertheless, Justice Phillips denied the request to adjourn the trial and issued a warrant for Bauder’s arrest. The Court stated that the trial would proceed on November 10, 2025.
Speaking with the media outside the courtroom, Greenspon said: "The issue here is what would James be facing if and when he came back to Canada. We know now, as of today, the first thing he's going to be facing is an arrest warrant."
Mark Joseph, litigation director for TDF, said: "We recognize that this is an extremely unusual case: Mr. Bauder has filed an asylum application in the U.S. on the basis of political persecution. While his asylum claim is proceeding, Mr. Bauder is afforded certain legal protections under international and U.S. law. Though we respect the decision of the Court, our position is that Mr. Bauder should not be forced to choose between his right to a fair trial and the viability of his U.S. asylum claim."
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 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.