Police officer challenges harsh discipline in free speech case

Police officer challenges harsh discipline in free speech case
The Ontario Civilian Police Commission recently heard the appeal of Constable Michael Brisco on November 21, 2023, who is challenging his conviction and penalty for donating to the Ottawa Freedom Convoy in early 2022. This case raises questions about the Charter’s protection for freedom of expression, the right of police officers to support political causes while off duty, and the privacy rights of all Canadians. Constable Michael Brisco of the Windsor Police Service is a highly trained and respected police officer with no prior disciplinary record. He made a $50 donation to the peaceful Freedom Convoy protest through the GiveSendGo fundraising platform on February 8, 2022 – one day after an Ontario Superior Court Judge held that people could continue to engage in “peaceful, lawful and safe protest” in Ottawa so long as honking ceased. When making his donation, Constable Brisco did not identify himself as a police officer and did not contribute to the protest in his capacity as a police officer. After a six-day hearing in February 2023 before an Ontario Provincial Police Adjudicator, Constable Brisco was found guilty of discreditable conduct. Two months later, on May 18, 2023, the Tribunal ordered that Constable Brisco should forfeit pay for 80 hours of work as a penalty. With the support of the Justice Centre, on June 14, 2023, Constable Brisco filed a Notice of Appeal with Ontario Civilian Police Commission, challenging his conviction and the imposed penalty.