Victory for man charged in Windsor protests

Criminal charges were withdrawn against a Windsor resident charged with mischief and disobeying court order during Freedom Convoy protests.

WINDSOR: The Democracy Fund (TDF) lawyers have secured an unqualified withdrawal for a Windsor man who was criminally charged in connection with the Freedom Convoy protests that took place in Windsor in February 2022.

Eric Lemmon was charged with mischief and disobeying a court order when he retained TDF to defend him against these charges in May 2023. A two-day trial was set to commence on August 14, 2023, before the crown withdrew the charges today, telling Justice Le Roy of the Ontario Court of Justice that there was no reasonable prospect of conviction.  

Alan Honner, TDF’s litigation director and lead counsel on this matter, says that the crown withdrew the charges after the defence disclosed their theory that Mr. Lemmon was on the sidewalk, as well as video evidence supporting that theory. “This is a case where the crown and defence worked together to achieve the right result,” says Honner.

An unqualified withdrawal of charges is considered to be a “favourable resolution” to criminal charges. It is similar to an acquittal or a stay-of-proceedings, which are also favourable resolutions.

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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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