Morgan May (Queen of Diagolon)
Intro
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"salutes are always done with the right arm"
Yea Right
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Morgan May
6-7pm: VIP’s early entry
7-8pm: Regular ticket holder entry
8-11pm(ish): Showtime
*Please arrive 5-10 mins early if possible to get to the venue on time
The email c/w venue pre-location will been sent out tomorrow by noon for tomorrow’s Halifax event. If you paid for a ticket and do not receive any emails from phillipofdiagolon@gmail.com by midnight, please email that account or inforoadrage@proton.me for assistance. Be sure to double check your spam folder
Tickets available
https://thegrift.shop/rage-tour-2024/
Some details can be found at the Facebook event here
https://www.facebook.com/share/1RpodinutSBdEy3M/?mibextid=9l3rBW
We can’t wait to see/meet you!
\\\ #RoadRageTerrorTour
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and the liberal tears 
\\\ I HATE COMMIES
Community centre in Jarvis, Ont., says far-right group Diagolon misled venue when it booked event
Haldimand County Mayor Shelley Ann Bentley says group is 'not welcome'
The management board of a community centre in Jarvis, Ont., says it was misled by a far-right group that held an event in its space on Wednesday evening.
Ian Cooper, a management board member of the Jarvis Lions Community Centre, said in a Facebook post on Thursday that there was a booking described as a "family and friends get-together" and no one knew it was by Diagolon. The group was named in a 2022 House of Commons report as an example of "ideologically motivated violent extremism."
"We were [misled] as to the purpose and nature of the event that was planned, by the person who booked the hall and signed the contract," Cooper said, adding the board has contacted the building's owner and Haldimand County to "prevent this from happening again."
CBC Hamilton contacted Cooper and other members of the board for comment but didn't receive a response.
CBC also spoke to at least three people who were in Jarvis on Wednesday night and were upset the event was taking place.
Josh Parsons, who lives in nearby Port Dover, said he was walking by the community centre and saw a full parking lot and people wearing Diagolon shirts.
"I was enraged ... them being so present in the community," he said, adding a children's softball game was taking place nearby.
Groups such as Diagolon who allegedly promote violence and racism are not welcome in the Haldimand community.
- Mayor Shelley Ann Bentley
Jarvis is within Haldimand County, about 50 kilometres southwest of Hamilton.
The county issued a media release Thursday afternoon that also said the "suspected alt-right extremist group" was "misrepresenting the event nature and intended facility use."
"Groups such as Diagolon who allegedly promote violence and racism are not welcome in the Haldimand community," Mayor Shelley Ann Bentley said.
County chief administrative officer Cathy Case said staff and volunteers will work together to try to prevent future cases, but it can be hard to do so when people aren't honest when booking.
Ontario Provincial Police told CBC Hamilton in an email on Thursday it didn't "have any information" to confirm the event.
CBC Hamilton also reached out to Diagolon about the intended use of the facility and how it booked it, and to seek a response to the mayor's statement. The group responded but did not address those specific questions. It told CBC Hamilton in an email before the event that it was "sold out."
What is Diagolon?
Diagolon was founded by podcaster Jeremy MacKenzie.
The RCMP has described the group as a "militia-like network with members who are armed and prepared for violence."
In a past interview with CBC Hamilton, Barbara Perry, director of the Centre on Hate, Bias and Extremism at Ontario Tech University, called Diagolon an "accelerationist" and "white supremacist" group.
According to Perry, "they wish to accelerate what they see as a civil war" that will restore a white, Christian ethno-state.
She said the group became widely known during the 2022 Freedom Convoy — a big tent protest movement against the federal government and pandemic public health measures.
Jeremy Mackenzie is a podcaster and the founder of the Diagolon. (Ragingdissident.com)
MacKenzie and his followers have denied this characterization, saying onlookers are misunderstanding what they call jokes. They appear to play into the image of themselves as villains, using a demonic goat as a mascot and calling their upcoming travels the Road Rage Terror Tour.
"They're gonna say it was all tongue in cheek," Perry said, noting other far-right groups, such as the Proud Boys, followed the path of couching their message in irony before becoming more hard line.
In early June, a Nova Scotia judge threw out charges, including criminal harassment, against MacKenzie and his partner, Morgan Guptill, who the Crown had accused of harassing the province's chief medical officer of health in 2022. The judge said the couple's rights had been violated because it took too long for them to stand trial.
Leslyn Lewis, the Conservative MP for Haldimand—Norfolk, said in an email to CBC she hopes people booking events would be "honest and forthcoming," adding she has "nothing to do with the group in question."
She also pointed to a past social media post from Conservative Leader Pierre Poilievre, who described Diagolon as "losers" and "dirtbags."
'We don't need this in small communities'
The event in Jarvis on Wednesday — a town of roughly 1,000 people that is nestled deep in southern Ontario —was advertised in advance as taking place in Hamilton.
In July, community groups such as the Hamilton Centre for Civic Inclusion, Hamilton Anti-Racism Resource Centre and Disability Justice Network of Ontario asked venues to shut their doors to Diagolon. Hamilton Mayor Andrea Horwath also condemned the event in the lead-up.
On Thursday, people in Jarvis also told CBC Hamilton they weren't happy to hear Diagolon held an event in the community.
Parsons, 34, who was walking by, said he was in town to play disc golf with his dad when he stumbled upon the event.
He said he noticed the parking lot was full, which was unusual.
Parsons said he asked people he saw if they were with Diagolon, told them they weren't welcome and walked away after a verbal exchange.
"I never imagined encountering something like this," he said.
Betty Reu has lived near the community centre for over 70 years.
The 90-year-old said she couldn't tell exactly how many people attended the event, but there were a lot because she saw parked vehicles outside her home — something that happens when the centre's parking area is full.
After hearing how the group has been described as wanting to speed up what it sees as a civil war, among other messages, Reu said Diagolon isn't welcome.
It's troublesome that we have groups like this organizing events in small towns and small communities which have the potential of creating trouble within a small, quiet community.
- Kristina Meade, visitor to Jarvis
"We don't need that type of person here at all … I don't need a civil war on my doorstep," she said. "Somebody should stop them, but I don't know who's going to do it."
Kristina Meade said she was in Jarvis visiting family when Diagolon came to town and told CBC she's opposed to the group.
"It's troublesome that we have groups like this organizing events in small towns and small communities which have the potential of creating trouble within a small, quiet community," she said.
She said she hopes Diagolon's visit to Jarvis is a learning experience for people in other small communities so they aren't misled when the group tries to book a venue.
"There is this element out there and we have to be careful, especially small communities need to be careful of who they're allowing to use their facilities and what the purpose of these events are," she said.
"We don't need this in small communities in Ontario."
With files from Justin Chandler and Samantha Beattie
Concerns voiced after Diagolon meetup at a Jarvis community hall
Haldimand County is looking to modify its hall rental policies after an alleged Canadian alt-right wing extremist group held a gathering Wednesday night at the Jarvis Lions Community Centre.
After community members at an adjacent park noticed people wearing Diagolon logo T-shirts and looked up information about the far-right organization, Jarvis residents and others began posting concerns on Facebook.
“We looked up who they were while our kids were playing ball,” said one resident.
Another said they “closed up the snack bar out of an abundance of caution.”
Both the county and a member of the management board of the community centre responded publicly on Thursday.
“The county and the Jarvis Lions Community Centre regret this occurred and would not have permitted the rental if the group affiliation or intentions had been disclosed,” stated a news release from Haldimand.
Ian Cooper, who sits on the board that manages the facility, said the group was “misled” about the purpose and nature of the event by someone who booked the hall and signed the contract.
“It was booked as a ‘family and friends get-together’ and we had no reason to believe it was anything different,” Cooper wrote on Facebook.
Both the management team and the county are now investigating what recourse could be available to prevent or respond to such bookings in the future.
“Haldimand County does not condone hate or racism,” said Mayor Shelley Ann Bentley.
“We want to reassure our community that these types of events are not in keeping with our values of inclusion, equity and diversity.”
Bentley said the county wants to ensure all residents and county visitors feel safe.
“Groups such as Diagolon, who allegedly promote violence and racism, are not welcome in the Haldimand community,” Bentley added.
Cathy Case, the county’s top administrator, pointed out people can circumvent county policies and procedures if they are “providing false information” on rental applications.
“County staff and volunteers will continue to work together to try to prevent this from occurring in Haldimand and will involve law enforcement as necessary,” Case said.
Online, some of those supporting the meeting mocked people who worried about Diagolon being in Jarvis, saying the event was a comedy show.
“Laughter, food, coffee, hugs — does the venue prohibit this?” asked someone with the profile of Melissa McKee on Facebook.
Most Canadians first saw the Diagolon movement during the 2022 convoy blockades. In the U.S., the Bureau of Counterterrorism called the group a “far-right extremist group”
It has chapters throughout Canada and members have been recorded making numerous racist comments or advocating violence, especially against Prime Minister Justin Trudeau.
The group advertised a summer tour that would stop at multiple large Canadian cities but has faced increasing difficulty in booking venues.
Last month, the Hamilton Centre for Civic Inclusion, the Hamilton Anti-Racism Resource Centre and the Disability Justice Network of Ontario all urged the city to refuse to rent to Diagolon after the group said it intended to meet there.
Last week, the mayor of Langley, B.C, said his community would be reviewing how to ensure groups can’t book halls in the future after a Diagolon meeting at the local Lions hall.
Regarding the Jarvis meeting, people on Twitter/X began warning about the meeting just hours before it began.
“It happened,” responded one poster. “We aren’t going anywhere. You’re never going to stop us.”
“Another successful event,” said another person. “Sorry goblins.”
SGamble@postmedia.com
https://www.antihate.ca/diagolon_leaders_wearing_neo-nazi_symbols_road_rage_terror_tour
Diagolon Leaders Wearing Neo-Nazi Symbols On "Road Rage Terror Tour"
Audio recordings of one tour stop has Diagolon influencers making Holocaust denial jokes, leading the crowd in an anti-immigration chant, and admitting that they have a political agenda.
Canadian Anti-Hate Network
Image of the Diagolon Flag. Source: Telegram
Inside the Carp Agricultural Hall, almost 40 minutes outside Ottawa, Ontario, a crowd of around 100 people waits to see leaders of the Diagolon community speak. The first act, Derek Harrison, walks on stage uncharacteristically dressed in a suit. After a short poetry reading, he calls out to the crowd for some audience participation.
“How would you guys like to participate in a bit of propaganda and scare the shit out of a certain audience,” Harrison asks a room filled with people who paid to hear him and a handful of other people influential in their community speak.
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“They have to go back,” he begins the chant. The crowd follows.
The chant is a call often heard in the Diagolon community, and on their livestreams and social media, demanding that racialized immigrants – specifically people of South Asian descent and people from the Middle East – or even the children of immigrants, be forcibly and violently deported.
Costing between $60 to $100 a ticket, Diagolon’s leader Jeremy MacKenzie and his circle, including Derek Harrison, Alex Vriend, and Morgan Guptill, are on a cross-country tour promoting the network, selling merchandise, and connecting the typically online community in person.
Since its origins as a far-right group of content creators and livestreamers, Diagolon has emerged as a white nationalist network of predominantly Canadians but includes individuals from other countries. While it is not a formal group, and is instead a network of aligned individuals, it is nonetheless ideologically led by a handful of influencers with sway over the community.
Leaders of Diagolon have long used the defence that they are just comedians, portraying its content as a joke taken out of context by their detractors, and pointing to the absurdity of their name as proof (Diagolon is named after a joke fictional country). In a leaked audio recording, they now admit that they have a political agenda.
“It's funny, this all started as a joke,” Harrison told the audience. “Making YouTube videos, but then we got noticed, right? The Prime Minister had said our name in the House of Commons multiple times. So, we realized that we can move the needle in politics in Canada. So we decided to take it a little bit more seriously.”
Neo-Nazi Symbols & Connections
Footage from the tour participants has shown Harrison, Vriend and MacKenzie in a variety of clothing from neo-Nazi groups. Most frequently pictured in a hat and glasses ordered from the Goyim Defence League, a virulent antisemitic organization that stages numerous protests and actions throughout the United States. Most recently a Canadian man was arrested after traveling to Nashville to protest with the GDL. During the protest, footage shows Ryan McCann striking a local bartender with a flag pole while other members of the GDL restrain the man.
While the GDL has been kicked off most major social and video-sharing platforms, the group created its own site to host content. Diagolon live streams have recently been added to the GDL website.
The GDL has been fundraising for McCann’s legal costs via the site GiveSendGo, and a link to the donation page appeared on Vriend’s channel on the social media app Telegram. At time of writing, the GiveSendGo page had raised over $7,000 for McCann’s defence.
The tour has also coincided with riots in Southport, England, after the stabbing death of three children, Bebe King, Elsie Dot Stancombe and Alice Dasilva Aguiar, during a dance class. The 17-year-old suspect has been reported to be the child of Rwandan immigrants, sparking demonstrations and violence. The Guardian reports that some supporters of Tommy Robinson and his English Defence League (which is now defunct) pelted a mosque with bricks in response.
Vriend, who often posts on social media about European nationalist movements as well as crimes attributed to immigrants, posted a video of a burning Mosque on his Telegram channel. On Twitter, he defended his attempts to “score political points."
“We all know if some White guy went on a stabbing spree against Black people, it would be used to justify all new manner of anti-White tyranny,” he wrote. “14 words.”
The 14 words are a reference to a white supremacist phrase coined from prison by convicted murderer David Lane. According to the Bridge Initiative, it is a slogan that has served as a rallying cry for white supremacists and neo-Nazis around the world. Invoked in numerous mass shootings and targeted attacks on minority groups including African Americans, Sikhs, Jews, and Muslims, the ‘Fourteen Words’ communicate the belief that the growth of minority communities poses an imminent threat to the existence of the white race.”
Other gear worn by Harrison, MacKenzie and Vriend on tour includes Vinland Battlewear sweaters, which they took pictures wearing while walking the streets of Tofino, BC. Vinland Battlewear is owned and operated by Josh Bruce, a man associated with the Vinland Hammerskins (VHS), the Canadian branch of a global white supremacist gang with chapters across the United States and Europe. Members of VHS were instrumental in forming the white-only workout group, Active Club Canada, which they began as a recruitment front.
Vriend has used his livestream to interview prominent neo-Nazis
and white nationalists, including Andreas Johansson of the Nordic
Resistance Movement, which was recently listed by the United States as a
designated terrorist group. Other guests have included violent
Australian National Socialist Thomas Sewell, and Thomas Rousseau, the
founder of US-based far-right protest group Patriot Front.
“You’re not Canadian.”
Other footage released during the tour shows Vriend in a short clip raising his hand in what appears to be a Roman salute—the hand sign typically associated with fascism and Nazism. On Telegram, Vriend posted a screenshot of a Twitter account discussing the action, saying “Can't even wave to a camera anymore.” Pictures released on Diagolon-associated social media channels also show one tour attendee on stage in a full Nazi uniform at the Langley, BC event, though no context has been provided.
In Carp, Harrison added a plug for his upcoming children’s book.
“We talk about the culture and how it needs to change, but we need to provide things for the youth for them to be able to look at, and provide that change for them,” he said.
Harrison was followed on stage by Vriend, who started out mocking land acknowledgements—”I'd like to acknowledge absolutely fucking no one, because if I'm standing on it, it's my fucking land”— before he segued into an antisemitic joke.
“God it's hot up here. Could probably bake 6 million cookies up here right now,” Vriend says, referencing an antisemitic joke intended to cast doubt on the number of Jews who perished in the Holocaust.
Diagolon’s rhetoric is often overtly militant and accelerationist, and community members have advocated for violence against 2SLGBTQ+ people, marginalized groups, and more. People of South Asian descent have been targeted in particular for derision. Beyond the phrase “they have to go back,” content created, shared, and reposted by MacKenzie, Harrison, and Vriend, cast South Asians as violent, dirty, and unwelcome in Canada.
A report by the Global Project Against Hate and Extremism documented multiple instances of this type of content being shared by the men, as well as it quickly being amplified by Diagolon supporters.
“Give me some guys and some weapons and we'll fucking get rid of them,” MacKenzie said during a June 2024 live stream. “We'll take them up. Get in the truck, you're going to the airport. ‘Make me.’ Okay, bang. Anybody else? Anybody else not want to go to the airport? Who wants to go to the airport? Show of hands, who wants to go to the airport?”
He added, “I only had to shoot one, see? Easy. And you wanted to keep them here and have thousands of people die over the next ten years. Jeez, what a terrible mathematician you are.”
When Ravi Kahlon, MLA for North Delta and the Minister for Housing in BC, denounced the tour stop in Langley on X, formerly Twitter, MacKenzie replied, “You’re not Canadian.”
The tour’s locations have been closely guarded secrets since it began, with a stop remaining in Nova Scotia. Participants purchase a ticket for the show and receive a general area where the show will take place, typically within an hour's drive of a major city centre. After one meet-and-greet reservation was cancelled, forcing them to hold the event in the venue’s parking lot, they began having attendees meet at a public place before travelling again to another location.
So far, the locations of each stop have included an agricultural hall, a public park, at least two Lion’s Clubs, rural community halls, and more. Several of the venues report being unaware of the nature of the events until after the shows have taken place. The mayor of Langley, BC stated in the aftermath of the event that they would be reviewing the booking policies of halls.
The events have been reported to be subjected to a large amount of security, including reports of personnel roaming the area, metal detecting wands, and searches.
Over two hours in length, the show was emceed by Bethan Nodwell, a woman who previously organized Canadian speaking tours with the far-right Member of European Parliament Christine Anderson. The Canadian Anti-Hate Network previously reported that Nodwell, during a conference call on X, identified herself as a white nationalist.
Alex Vriend came to the Diagolon community around 2020, but has become a central figure in the community. Previously responsible for creating multiple fake news stories that went viral online, to the point several were debunked by mainstream news fact checkers, Vriend began live streaming. He has begun to spend much of that time advocating for unity among white people and white nationalists, thoughts he echoed during the Carp event.
“What really scares the absolute shit out of these demonic scumbags is when you start coming together and you're like moving towards something bigger than yourself,” he told the crowd. “That's what they've tried to stop for so long. They've tried to anatomize you, they've tried to, you know, turn you into an individual that's disconnected from everyone around you.”
“The n-word for white people, pretty much, is nationalism,” Vriend said to the audience.
Derek Harrison, Alex Vriend, and Morgan Guptill did not respond to a request for comment. The Canadian Anti-Hate Network reached out to Jeremy MacKenzie and Sherif M. Foda, his lawyer, to provide him the opportunity to comment. MacKenzie did not reply, and Foda declined the opportunity to comment on behalf his client.
https://rumble.com/v4yi8yn-trucker-convoy-heroes-guy-meister-and-sam-field.html
Trucker Convoy Heroes - Guy Meister and Sam Field
1 month ago
An interview with Guy Meister and Field, mechanics, truckers, and farmers from Nova Scotia who were early arrivals from the East Coast of the Canadian Trucker Convoy. Guy was arrested and has been fighting 2 criminal charges for the last 2 years. He has had to travel to Ottawa 12 times, and believes the government is just trying to tire him out and wear him down.
R. v. Dinel & Robinson - Form 4F Notice of Constitutional Question - Information
#998-22-11404139 - Trial dates Nov. 15, 16, 17, 20 & 21, 2023, Courtroom #13, 161
Elgin St., Ottawa, 10:00 am - Electronic filing via Ottawa.Criminal@ontario.ca
1 message
Brian Doody, MA, LLB <doodycounsel@gmail.com> Tue, Oct 31, 2023 at 11:21 AM
To: clbsupport@ontario.ca, AGC_PGC_OTTAWA@justice.gc.ca
Cc: NCQ-AQC.Toronto@justice.gc.ca
Bcc: Brian Doody <doodycounsel@gmail.com>, adam.bg@thedemocracyfund.ca, amanda@legallypurdy.com, Donna
Laframboise <thankyoutruckersbook@protonmail.com>, jmanson@jccf.ca, rroberts@postmedia.com,
cjerema@postmedia.com, jhood@postmedia.com, aDonnelly@postmedia.com, dwalmsley@globeandmail.com,
gsalewicz@globeandmail.com, pbrethour@globeandmail.com, NHassan@globeandmail.com
TO: The Attorney General of Ontario
(Form 4F Notice of Constitutional Question required by section 109 of the Courts
of Justice Act (Ontario))
Constitutional Law Branch
4th floor, 720 Bay Street
Toronto, Ontario M5G 2K1
Fax: (416) 326-4015; Email: clbsupport@ontario.ca
-and-
TO: The Attorney General of Canada
(Form 4F Notice of Constitutional Question required by section 109 of the Courts
of Justice Act (Ontario))
Justice Building
239 Wellington Street
Ottawa, Ontario K1A 0H8
Fax: (613) 954-1920; Email: AGC_PGC_OTTAWA@justice.gc.ca, NCQ-AQC.Toronto@justice.gc.ca
Dear Sir/Madam:
The defendants, Robert Dinel and David Robinson, intend to question the constitutional applicability of ss 2(b) & (c) and
11(d) of the
Canadian Charter of Rights and Freedoms namely, “freedom of thought, belief, opinion and expression,” and
“peaceful assembly,” and the right “to be presumed innocent until proven guilty according to law in a fair and public
hearing by an independent and impartial tribunal,” to the facts of the defendants’ arrest, detention and charge with criminal
mischief (ss 430(1)(c) & (d)
Criminal Code) and obstruct police (section 129(a)
Criminal Code) by police in Ottawa on Feb.
18, 2022, in the trial in the Ontario Court of Justice in Ottawa, 161 Elgin St., Ottawa, scheduled for Nov. 15, 16, 17, 20 &
21, 2023, in Courtroom #13.
Section 1 of the
Charter allows a lawmaker to place “reasonable limits” on the defendants’ right to “freedom of thought,
belief, opinion and expression” and “peaceful assembly” under ss. 2(b) & (c) of the
Charter. The defendants submit the
only “reasonable limits prescribed by law” on their
Charter rights to “freedom of ... expression” and “peaceful assembly”
were set out in the Ontario provincial emergency
Order, which was registered in Toronto and became law on Feb. 12,
2022.
The defendants also intend to question the constitutional applicability of section 10(b) of the
Canadian Charter of Rights
and Freedoms and section 2(c)(ii) of the
Canadian Bill of Rights, namely, the rights “to retain and instruct counsel without
delay,” and will adduce evidence of mixed fact and law to argue the implementation of that right was inadequate and non-
existent.
The defendants intend to question the constitutional applicability of sections 428, 429(2) and 430(7)
Criminal Code to the
word “property” at ss. 430(1) (c) & (d)
Criminal Code. “Mischief,” at ss. 430(1)(c) & (d)
Criminal Code, is found in Part XI,
“Wilful and Forbidden Acts in Respect of Certain Property.” Section 428 states that, “[i]n this Part, ‘property’ means real or
personal corporeal property.” Defendants argue the only “corporeal property” with which the
actus reus of the offences of
(1) “obstruct[ing], interrupt[ing], or interfer[ing] with the lawful use, enjoyment or operation of property” (s. 430(1)(c)), and
(2) “obstruct[ing], interrupt[ing], or interfer[ing] with any person in the lawful use, enjoyment or operation of property” (s.
430(1)(d)), can be concerned, based on the facts of the case, must be the corporeal real property comprised of the
intersection at Sussex Dr. and Rideau St. where defendants were seated inside corporeal personal property.
Criminal Code states, “[a] person shall not be convicted of an offence under sections 430 to 446 if
they act with legal justification or excuse or colour of right.” The defendant submits that the “colour of right,” pursuant to s.
429(2)
Criminal Code, applied to the facts of the case, includes the defendants’ “freedom of thought, belief, opinion and
expression” and “peaceful assembly” and the right ”to be presumed innocent until proven guilty”, pursuant to ss. 2(b) & (c)
and 11(d) of the
Charter, and submits that the Crown has not made out any of the essential elements for a charge of
mischief respecting any alleged “obstruct[ing], interrupt[ing], or interfer[ing] with” the corporeal real property at the
intersection of Rideau St. and Sussex Dr., (ss. 430(1)(c) or (d)), whether on or before Feb. 18, 2022. The defense thus
submits the Crown has not established the absence of Meister’s “legal justification or excuse” and “colour of right.”
The Crown cannot prove that the defendants received the “Notice” that is required to be served on the “owner” or
“operator” of a vehicle subject to section 5 of the Ontario emergency
Order dated Feb. 12, 2022, which adopts the
definitions of “owner” and “operator” in the
Highway Traffic Act to confer special powers on police officers to give “Notice”
to an “owner” or “operator” to order the defendants to “promptly cause the [defendant Dinel’s] vehicle to be removed,”
whether given that day or between Feb. 12-17, while the said emergency
Order was in force.
The defendants argue that the Ontario emergency
Order of Feb. 12, 2022, made pursuant to the Ontario
Emergency
Management and Civil Protection Act, modified police officers’ legal duties, pursuant to the Ontario
Police Services Act
and Ontario
Highway Traffic Act, and created legal obligations for police to cause defendants and their vehicle to be
removed from the intersection.
The Crown cannot prove that any zone, district or other area of Ottawa was declared to be an area within which lawful
advocacy, protest or dissent was limited by any law or regulation, whether pursuant to s. 17(2)(c) of the federalEmergencies Act (which section was not engaged by the proclamation of a Public Order Emergency on Feb. 15, 2022), or
pursuant to any order or declaration by the City of Ottawa prior to Feb. 12, 2022, or pursuant to any order of any court.
The defendants will also argue their right “to be secure against unreasonable search or seizure” (section 8 of the
Charter)
and to the “security of the person and enjoyment of property, and the right not to be deprived thereof except by due
process of law” (section 1(a) of the
Canadian Bill of Rights), were violated by the federal
Emergency Economic Measures
Order, which purported to allow the federal police to seize the defendants’ bank accounts. The defendants argue that saidOrder is
prima facie invalid because the seizure of bank accounts requires the exercise of emergency powers under the
federal
Emergencies Act at Parts III [International Emergency, at sections 27-36] and IV [War Emergency, at sections 37
to 45], and cannot be lawfully enacted during an emergency declared pursuant to Part II [Public Order Emergency, at
sections 16-26].
The defendant will argue that the Crown “evidence” comprised of a PDF document entitled “Facts for Judicial Notice,” sent
by email to defense counsel on June 17, 2023, and other such email attachments with filenames such as “Statement of
Law on Judicial Notice,” or “Supporting Materials for Judicial Notice,” are
prima facie inadmissible, and should be
excluded from the trial pursuant to s. 24 of the
Charter, on the grounds that such evidence violates the defendants’ right to
make a full answer and defense, protected by s. 11(d)
Charter, because the “Facts for Judicial Notice” are not evidence of
any corporeal property within the meaning of Part XI
Criminal Code.
The defence submits that the “YouTube” posts, screenshots and photos gathered by police from open source searches in
the months following the defendants’ arrest on Feb. 18, 2022, should likewise be excluded, on grounds that the posts
were made for the purpose of “communicating information,” which is expressly excluded as a grounds to commit
“mischief” at s. 430(7)
Criminal Code and which is protected by s. 2(b) of the
Charter, as “freedom of thought, belief,
opinion and expression, including freedom of the press and other media of communication”; nor can said posts prove any
alleged “obstruct[ing], interrupt[ing], or interfer[ing] with” any corporeal property, other than on a temporary or transitory
basis, pursuant to Part XI of the
Criminal Code.
Lastly, the chain of police custody of the defendants on Feb. 18, 2022, “infringed or denied” the defendants’
Charter rights,inter alia, to freedom of expression and peaceful assembly, because the police in Ottawa did not follow the procedures to
remove defendants and their vehicle set out at ss 4 & 5 of the Ontario emergency
Order dated Feb. 12, 2022, in a manner
that would have “promptly” removed defendants and their vehicle from the intersection without criminal charges; they
therefore seek a “remedy” that is “appropriate and just in the circumstances,” pursuant to section 24 of the
Charter
(subsections (1) and (2)) and acquittal on all charges, on the grounds that police procedure on Feb. 18, 2022 would “bring
the administration of justice into disrepute.”
Further particulars on the material facts giving rise to the constitutional questions, and the legal basis for those
constitutional questions, are set out in a Form 1 Application dated July 20, 2023.
Thank you for your time and attention.
Yours sincerely,
Address for Service/Acknowledgment of Notice: Brian Doody, MA, LLB
Barrister & Solicitor // Avocat
DOODY COUNSEL LEGAL SERVICES // LES SERVICES JURIDIQUES DC
400, av. Daly Ave., Suite 6
Ottawa, Ontario, Canada K1N 6H2
E-mail: doodycounsel@gmail.com (E-mail monitored during business hours)
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R. v. Guy Meister - Form 4F Notice of Constitutional Question - Relay (#2)
Information #0411998-22-11400790 - Trial continuance Jan. 4 & 5, 2024, Courtroom
#11, 161 Elgin St., Ottawa, 10:00 am - Electronic filing via
Ottawa.Criminal@ontario.ca
1 message
Brian Doody, MA, LLB <doodycounsel@gmail.com> Wed, Dec 20, 2023 at 2:04 PM
To: clbsupport@ontario.ca, AGC_PGC_OTTAWA@justice.gc.ca
Cc: NCQ-AQC.Toronto@justice.gc.ca
Bcc: Brian Doody <doodycounsel@gmail.com>, Adam Blake-Gallipeau <adam.bg@thedemocracyfund.ca>,
amanda@legallypurdy.com, Donna Laframboise <thankyoutruckersbook@protonmail.com>, James Manson
<jmanson@jccf.ca>, rroberts@postmedia.com, dwalmsley@globeandmail.com
TO: The Attorney General of Ontario (Form 4F Notice of Constitutional Question required by section 109 of the Courts of
Justice Act (Ontario))
Constitutional Law Branch
4th floor, 720 Bay Street
Toronto, Ontario M5G 2K1
Fax: (416) 326-4015; Email: clbsupport@ontario.ca
-and-
TO: The Attorney General of Canada (Form 4F Notice of Constitutional Question required by section 109 of the Courts of
Justice Act (Ontario))
Justice Building
239 Wellington Street
Ottawa, Ontario K1A 0H8
Fax: (613) 954-1920; Email: AGC_PGC_OTTAWA@justice.gc.ca, NCQ-AQC.Toronto@justice.gc.ca
Dear Sir/Madam:
The defendant, Guy Meister, intends to queson the constuonal applicability of ss. 2(b) & (c), s. 10(b), and ss. 11(b)
& (d) of the Canadian Charter of Rights and Freedoms (Charter), namely, “freedom of thought, belief, opinion and
expression,” and “peaceful assembly”; the “right on arrest or detenon … to retain and instruct counsel without
delay and to be informed of that right”; and the rights “to be tried within a reasonable me” and “to be
presumed innocent unl proven guilty according to law in a fair and public hearing by an independent and imparal
tribunal,” to the facts of the defendant’s arrest, detenon and charge with mischief (ss 430(1)(c) & (d) Criminal Code)
and obstruct police (secon 129(a) Criminal Code), by police in Oawa on Feb. 18, 2022, in the trial in the Ontario
Court of Jusce before Jusce J. Brunet in Oawa, 161 Elgin St., on Sept. 21, 22, 25, 26 & 27, 2023, and which is to be
connued on Jan. 4 & 5, 2024.
Secon 1 of the Charter allows elected lawmakers to place “reasonable limits” on a defendant’s Charter rights.
However, the defendant submits that he was engaged in lawful advocacy, protest and dissent at all mes, and the
only “reasonable limits prescribed by law” on his Charter rights to “freedom of ... expression” and “peaceful
assembly”, “to retain and instruct counsel without delay”, and “to be presumed innocent unl proven guilty”, were
set out in the province-wide emergency Order, which was registered in Toronto, Ontario, and became law on Feb. 12,
2022.
The defendant intends to queson the constuonal applicability of s. 91 of the Constuon Act, 1867, at Item #27,
which confers exclusive authority on the Parliament of Canada to pass legislaon respecng “[t]he Criminal Law,
except the Constuon of Courts of Criminal Jurisdicon, but including the Procedure in Criminal Maers,” which is
the legislature of each province to legislate respecng “Property and Civil Rights in the Province.”
Considering ss. 91(27) and 92(13) of the Constuon Act, 1867, the defendant intends to queson the constuonal
applicability of secons 428, 429(2) and 430(7) Criminal Code to the word “property” contained at ss. 430(1)(c) &
(d) Criminal Code. “Mischief,” at ss. 430(1)(c) & (d)Criminal Code, is found in Part XI, “Wilful and Forbidden Acts in
Respect of Certain Property.” Secon 428 states that, “[i]n this Part, ‘property’ means real or personal corporeal
property.” [underline added]
The defendant argues the only “corporeal property” with which the actus reus of the offence of (A) “obstruct[ing],
interrupt[ing], or interfer[ing] with the lawful use, enjoyment or operaon of property” (s. 430(1)(c)) or (B)
“obstruct[ing], interrupt[ing], or interfer[ing] with any person in the lawful use, enjoyment or operaon of property”
(s. 430(1)(d)), can be concerned, based on the facts of the case, must be the immovable (real) corporeal
property comprised of the intersecon at Sussex Dr. and Rideau St. where defendant was arrested
exing movable (personal) corporeal property. [underline added]
The defendant also intends to queson the constuonal applicability of s. 92 of the Constuon Act, 1867, which
confers exclusive powers on the provincial legislatures to make laws for “[t]he Establishment and Tenure of Provincial
Offices and the Appointment and Payment of Provincial Officers” (Item #4); for “Municipal Institutions in the
Province” (Item #8); for “Licenses” (Item #9); and for “[t]he Imposition of Punishment by Fine, Penalty, or
Imprisonment for enforcing any Law of the Province made in relation to any Matter coming within any of the Classes
of Subjects enumerated in this Section” (Item #15), respecting emergency powers conferred on the police and on the
Registrar and Deputy Registrar of Motor Vehicles of Ontario, pursuant to s. 6 of the Ontario emergency Order, to
“suspend or cancel” driver’s licenses or vehicle license number plates issued by other provinces, broadening the
officers’ powers under the Highway Traffic Act.
The Crown cannot prove that the defendant received the “Noce” that is required to be given to the “owner” or
“operator” of a vehicle subject to ss. 5 & 6 of the Ontario emergency Order dated Feb. 12, 2022, which adopts the
definions of “owner” and “operator” in the Highway Traffic Act to confer special powers on police officers to give
“Noce” to an “owner” or “operator” to order the operator of the motor vehicle to “promptly cause the
[operator’s] vehicle to be removed,” whether on Feb. 18 or from Feb. 12 to 17, while the Ontario
emergency Order was in force.
The defendant intends to queson the constuonal applicability of s. 7.0.11(4) of the Ontario Emergency
Management and Civil Protecon Act (under which the Ontario emergency Order of Feb. 12, 2022, was enacted),
which states that “[n]o person shall be charged with an offence … for failing to comply with or interference or
obstrucon … if the failure to comply, interference or obstrucon is in respect of conduct that occurred
before the order was made” (which is Feb. 12, 2022, in the present case), which Order the defendant
submits modified the police officers’ legal dues pursuant to the Highway Traffic Act, and created legal obligaons
for police to cause the defendant to remove his own vehicle from the intersecon.
Secon 429(2) of the Criminal Code states, “[a] person shall not be convicted of an offence under secons 430 to 446
if they act with legal jusficaon or excuse or colour of right.” The defendant submits that the “colour of right,”
pursuant to s. 429(2) Criminal Code, applied to the facts of the case, includes the defendant’s “freedom of thought,
belief, opinion and expression” and “peaceful assembly” and his right ”to be presumed innocent unl proven guilty”,
pursuant to ss. 2(b) & (c) and 11(d) of the Charter, and submits that the Crown has not made out any of the essenal
elements for a charge of mischief respecng any alleged “obstruct[ing], interrupt[ing], or interfer[ing] with” the real
corporeal property at the intersecon of Rideau St. and Sussex Dr., (ss. 430(1)(c) or (d)), whether on or before Feb.
18, 2022. The defense thus submits the Crown has not established the absence of Meister’s “legal jusficaon or
excuse” and “colour of right.”
which lawful advocacy, protest or dissent was limited by statute or regulaon, whether pursuant to s. 17(2)(c) of the
federal Emergencies Act (which secon was not engaged by the proclamaon of a Public Order Emergency on Feb.
15, 2022), or pursuant to any order or declaraon by the City of Oawa prior to Feb. 12, 2022, or pursuant to any
order of any Court.
The defendant will also argue his rights “to be secure against unreasonable search or seizure” (secon 8 of
the Charter) and to the “security of the person and enjoyment of property, and the right not to be deprived thereof
except by due process of law” (secon 1(a) of the Canadian Bill of Rights), were violated by the federal Emergency
Economic Measures Order, which purported to allow the federal police to seize the defendant’s bank accounts. The
defendant argues that said Order is prima facie invalid because the seizure of bank accounts requires the exercise of
emergency powers under the federal Emergencies Act at Parts III [Internaonal Emergency, at secons 27-36] and IV
[War Emergency, at secons 37 to 45], and cannot be lawfully enacted during an emergency declared pursuant to
Part II [Public Order Emergency, at secons 16-26].
The defendant will argue that the Crown “evidence” comprised of a PDF document entled “Facts for Judicial
Noce,” sent by email to defense counsel on Feb. 26, 2023, and other such email aachments with filenames such
as “Statement of Law on Judicial Noce,” or “Supporng Materials for Judicial Noce,” are prima facie inadmissible,
and should be excluded from the trial pursuant to s. 24 of the Charter, on the grounds that such evidence violates the
defendant’s right to make a full answer and defense, protected by s. 11(d) Charter, because the “Facts for Judicial
Noce” are not evidence of any corporeal property within the meaning of Part XI Criminal Code.
The defence submits that the “Facebook” posts, screenshots and photos gathered by police from open source
searches in the months following the defendant’s arrest on Feb. 18, 2022, should likewise be excluded, on grounds
that the posts were made for the purpose of “communicang informaon,” which is expressly excluded as a grounds
to commit “mischief” at s. 430(7) Criminal Code and which is protected by s. 2(b) of the Charter, as “freedom of
thought, belief, opinion and expression, including freedom of the press and other media of communicaon”; nor can
said posts prove any alleged “obstruct[ing], interrupt[ing], or interfer[ing] with” any real corporeal property other
than on a temporary or transitory basis, pursuant to Part XI Criminal Code.
Lastly, the chain of police custody of the defendant on Feb. 18, 2022, “infringed or denied” the
defendant’s Charter rights, inter alia, to freedom of expression and peaceful assembly, because the police in Oawa
did not follow the procedures to remove the defendant and his vehicle set out at ss 4, 5 & 6 of the Ontario
emergency Order dated Feb. 12, 2022, in a manner that would have “promptly” removed Meister and his vehicle
from the intersecon without criminal charges; He therefore seeks a “remedy” that is “appropriate and just in the
circumstances,” pursuant to secon 24 of the Charter (subsecons (1) and (2)) and acquial on all charges, on the
grounds that police procedure on Feb. 18, 2022 would “bring the administraon of jusce into disrepute.”
Further parculars on the material facts giving rise to the constuonal quesons, and the legal basis for them, are
set out in three Form 1 Applicaons, dated Sept. 18 & 27 and Nov. 5, 2023.
Thank you for your me and aenon.
Yours sincerely,
Brian Doody, Counsel for the Defendant, Guy Meister
Barrister & Solicitor // Avocat
DOODY COUNSEL LEGAL SERVICES // LES SERVICES JURIDIQUES DC
400, av. Daly Ave., Suite 6
Ottawa, Ontario, Canada K1N 6H2
E-mail: doodycounsel@gmail.com (E-mail monitored during business hours)
Fax: (226) 785-0957
Telephone/Text: (519) 872-1905 (Text messages monitored 7 days per week)
Twitter: @DoodyCounsel
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