With TDF's help, Pastor Artur Pawlowski is seeking leave to appeal to the Supreme Court of Canada following his criminal convictions.
CALGARY: During the Coutts Border Blockade in 2022, Pastor Pawlowski gave a speech to a crowd inside a pub, expressing support for the protesters. He was subsequently arrested, charged with multiple criminal offences and ultimately spent 52 days in jail before being released pending trial.
At trial, counsel for Pastor Pawlowski, Sarah Miller, advanced three main defences. She argued:
- Pastor Pawlowski did not incite mischief because he never told the protesters to continue blockading the highway;
- Regardless of the interpretation of Mr. Pawlowski’s speech, section 2(b) of the Charter protects the right to freedom of expression, and thus, his speech was protected; and,
- Pastor Pawlowski should be able to rely on section 430(7) of the Criminal Code, which provides that a person does not commit mischief if they attend a place for the sole purpose of obtaining or communicating information.
Although Pastor Pawlowski never physically participated in the blockade, the trial judge convicted Pastor Pawlowski of inciting mischief and breaching his release order. He was sentenced to 60 days incarceration. However, due to the amount of time Mr. Pawlowski spent in custody prior to his trial, he did not have to return to custody.
The Democracy Fund and lawyer Sarah Miller appealed this decision to the Alberta Court of Appeal, but the Court of Appeal upheld the convictions.
TDF and Ms. Miller are now seeking leave to appeal to the Supreme Court of Canada.
Sarah Miller, commenting on the leave to appeal, said, “We are hopeful that the Supreme Court of Canada will grant Mr. Pawlowski leave to appeal his convictions. In our opinion, this is a matter of public interest which touches on constitutional principles and the importance of protest, strikes, and the ability of citizens to disagree with their government. It is important that the highest Court in Canada considers if or when an individual can be charged for giving a speech at a protest. Those involved in expressing discontent need to know the scope of the state’s authority to render the person liable for criminal charges. While Mr. Pawlowski spoke at a COVID-19 protest, which was and continues to be a highly contentious issue among Canadians, the issues in this case expand to all Canadians who wish to express themselves in democratic discourse and are of utmost importance. We look forward to receiving the Supreme Court’s decision on the leave application.”
TDF Litigation Director, Mark Joseph, said: "TDF has been steadfast in our support of Pastor Pawlowski, and we're hopeful that our client will be vindicated. This case engages issues of free speech and peaceful protests: it's of general import to Canadian democracy and we're hopeful that the Supreme Court takes it up."
The legal costs of defending Pastor Pawlowski are substantial but The Democracy Fund is committed to pursuing this matter to the highest Court in Canada. You can help Pastor Pawlowski by making a tax-deductible donation to support TDF.