The Democracy Fund client to sue police for wrongful arrest.
TORONTO: Prosecutors have withdrawn criminal charges against The Democracy Fund (TDF) client, James Hearn, who was charged after he filmed the outside of a Toronto police station from a city sidewalk. Hearn was arrested after a police officer claimed to feel "harassed and intimidated" by his conduct.
Hearn operates a YouTube channel called "Ontario Audit," where he posts videos of his interactions with police and other government officials. According to Hearn, he's had "bad interactions with law enforcement" and now seeks to hold government officials to account by exposing good and bad actors. To date, his videos have over one million views.
Hearn was charged in January 2024 after the police officer demanded to know who he was and what he was doing. Hearn refused to answer and was subsequently arrested, charged, and held for bail. In the process, Hearn was searched and his recording equipment was seized, including the smartphone which captured the interaction between Hearn and the complainant police officer.
Hearn’s charges were withdrawn on June 19, 2024, after the prosecution cited no reasonable prospect of conviction. Despite the successful resolution for Hearn and the fact that there is no prospect of an appeal, police have not yet responded to multiple requests for the return of Hearn’s recording equipment.
Fortunately, TDF lawyers were able to secure a withdrawal. However, for Hearn, the "process is the punishment:" he experienced the indignity of arrest and the loss of liberty associated with his temporary detention and restrictive bail conditions.
The good news is that Hearn is fighting back in a personal capacity by privately hiring legal counsel to sue the police for assault, false imprisonment, and various bad faith Charter breaches. In a notice letter to the Toronto Police Services Board, Hearn’s lawyer, Alan Honner, says his client was arrested on "spurious" grounds and that the police charged Hearn because he "refused to comply with the demands of an errant police officer."
To help support people like Mr. Hearn and others facing civil liberties violations, please consider making a tax-deductible donation to TDF 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 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