Prosecutors are appealing a court decision to stay the criminal charges against former Ontario legislator Randy Hillier in relation to his participation in the Freedom Convoy protests in Ottawa.
Superior Court Justice Kerry McVey ruled last month that the case had taken too long, pushing it beyond the mandatory time limits established by the Supreme Court of Canada.
The threshold is 30 months for cases in Superior Court, and McVey found Hillier's case stretched 31 months and 13 days after deducting delays caused by the defence and exceptional circumstances.
In a notice of appeal filed earlier this month, the Crown argues the judge erred in not characterizing any period before Hillier indicated he wanted a jury trial as a delay caused by the defence.
Prosecutors also argue the judge erred in not considering a delay to schedule a motion on a second change of venue to be the result of exceptional circumstances.
Hillier said in an emailed newsletter this week that he would fight the appeal and continue to represent himself in court.
He was charged in March 2022 with nine offences connected to his alleged role in the demonstrations that saw protesters descend on Ottawa's downtown core for weeks earlier that year to oppose COVID-19 measures and the federal government.
The charges include assaulting a peace officer, mischief, counselling others to commit mischief and resisting or obstructing a peace officer. The assault charge stemmed from allegations that Hillier pushed a metal gate into an officer while trying to enter Parliament Hill.
This report by The Canadian Press was first published Dec. 19, 2024.
