Windsor police officer continues appeal of 2022 Freedom Convoy donation

Const. Michael Brisco. (Michelle Maluske/CTV News Windsor)

A penalized Windsor police officer continues to appeal a conviction related to his 2022 Freedom Convoy donation.

On Wednesday, lawyers for Const. Michael Brisco will appeal to the Ontario Divisional Court to overturn his discreditable conduct conviction and punishment for donating $50.

"Canadians in any profession should be free to express themselves on whatever political issue they feel strongly about,” lawyer Darren Leung is quoted in a news release from the Justice Centre for Constitutional Freedoms (JCCF) sent Monday.

“Constable Brisco should not be punished for supporting a perfectly legal protest which certain politicians such as the Prime Minister disliked.”

The background

While off work because he didn’t meet the COVID-19 vaccination rules at the time, Brisco donated $50 through an online crowdfunding platform to support the Freedom Convoy demonstration in Ottawa.

During a disciplinary hearing, he said he didn’t support the similar protest which blocked the Ambassador Bridge.

He believed his suspension from work was permanent as he didn’t expect to change his mind about mandatory vaccinations.

The conviction

Brisco was convicted of a single count of discreditable conduct in March 2023 and given a punishment of working 80 hours without pay.

According to the Windsor Police Professional Standards Branch, Brisco’s penalty of 80 hours won’t be “paid” until the appeal process concludes in Divisional Court.

The adjudicator ruled supporting a protest movement which his peers were actively engaged in maintaining reflected poorly on a member of the Windsor Police Service.

Brisco appealed the Police Services Act conviction to the Ontario Civilian Police Commission (OCPC) and lost.

Now, his lawyers will get to argue before the divisional court.

Arguments to be made

According to their news release, Brisco’s lawyers intend to argue the prosecution based their arguments on reports by Canadian media.

“We are hopeful that the Divisional Court will see that such evidence is far below the threshold required to support a conviction for discreditable conduct," Leung is quoted.

He intends to argue there was no “clear and convincing” evidence the protest in Ottawa was illegal at the time of the donation.

And there is no evidence to support the protest in Ottawa was in any way connected to the blockade in Windsor.

Further, Leung believes the OCPC did not take into account the fact the donations were only discovered after the crowdfunding site was hacked and the details of the donors provided to law enforcement.

Brisco’s hearing is set for Dec. 11 at 10 a.m. in a Toronto courtroom.