Pastor Artur Pawlowski files Notice of Criminal Appeal over mischief and breach convictions

The Democracy Fund retains counsel to appeal recent convictions of Alberta Pastor handed down by an Alberta judge earlier this month.

TORONTO: The Democracy Fund (TDF) has retained Sarah Miller of JSS Barristers to appeal Artur Pawlowski’s conviction of counselling mischief in relation to a 17-minute speech he gave at the Smuggler’s Saloon in Coutts Alberta during the Freedom Convoy protests. Pawlowski is also appealing his conviction of breaching a release condition that required him to “keep the peace and be of good behaviour.”

The Notice of Criminal Appeal was filed with the Alberta Court of Appeal on Monday.

Pawlowski’s appeal focuses on a matter of law. Specifically, he is claiming that the trial judge erred in her interpretation of the Criminal Code and that the Crown failed to prove that he did not attend Coutts for the purpose of communicating information, which can be a defence to the crime of mischief. Pawlowski also states in court documents that the Crown failed to prove that there was an absence of legal justification for his speech, namely freedom of expression as enshrined in the Charter of Rights and Freedom.

Pawlowski was convicted of mischief and breach charges on September 18, 2023, by Justice Krinkle of the Alberta Court of Justice. He was sentenced to 60 days imprisonment but did not serve any jail time because he had already spent more than 60 days in pretrial custody. He did receive a criminal record for the offences, which can lead to legal discrimination and travel restrictions.

You can help Pastor Pawlowski by making a tax-deductible donation on this page.

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.

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