Charges against Charter auditor will not be pursued by the Crown following TDF intervention.
NANAIMO: In a victory for individual rights, the Crown has decided not to pursue charges against Dan, a British Columbia resident and Charter auditor, who was arrested in July 2024 for filming outside a police station.
Dan was peacefully recording on public property when he was approached by an officer, questioned, and forcefully arrested. He was detained in a cell for nearly an hour before being charged with obstructing a peace officer under Section 129 of the Criminal Code.
Video footage of the arrest, which has garnered public attention, can be viewed on the News Now YouTube channel here.
Seeking legal assistance, Dan reached out to TDF lawyers, who promptly obtained relevant evidence and examined video footage of the arrest. After reviewing the matter and consulting with their client, TDF lawyers informed the Crown that their client was prepared to proceed to court to clear his name.
Recently, the Crown informed TDF lawyers that they would not be pursuing the charges against him.
Adam Blake-Gallipeau, Senior Litigation Counsel at TDF, commented on the outcome, stating, "Filming in public, in the absence of any other unlawful activity, is not a criminal offence. Police should not be arresting citizens for exercising their Charter rights. We are pleased with this result."
Dan expressed his satisfaction with the outcome, saying, “I’m grateful for the support from TDF in standing up for my rights.”
This decision underscores the importance of protecting civil liberties and fair treatment of all individuals under Canadian law.