All charges have been withdrawn against Freedom Convoy protestor arrested after invocation of the Emergency Act in Ottawa
Clayton McAllister, a truck driver from London, Ontario, attended The Freedom Convoy protest in Ottawa, joining many others in a movement that began in early 2022. The convoy was organized by truck drivers protesting the federal government’s COVID-19 vaccine mandate for cross-border truckers and other pandemic restrictions.
As participants drove to Ottawa in late January to demand an end to the mandates and a restoration of personal freedoms, the protest quickly gained momentum. Big rig trucks blocked downtown Ottawa streets, creating significant disruptions and attracting widespread attention. The demonstration lasted for weeks before the government invoked the Emergencies Act in mid-February, granting law enforcement sweeping powers to clear protestors and remove the blockades.
McAllister did not attend the protest as a truck driver, but went to show support for the truckers’ cause. Driving his pickup truck and trailer loaded with donated food and supplies, he planned to stay for only two days. However, after witnessing the mainstream media’s portrayal of protestors as “terrorists,” McAllister felt compelled to remain longer. He argued that this characterization was “not the case at all.”
Arrested shortly after the Emergencies Act was invoked, McAllister faced charges of mischief, resisting arrest, and disturbing the peace. Recalling the day of his arrest, he described how, after police began moving in, he lay down in front of them in the snow before being taken into custody. He was placed in a paddy wagon and left there for eight hours, denied access to a lawyer. Eventually, he was driven out of town and dropped off at a gas station with his phone battery almost dead.
Adding to the ordeal, police seized the keys to McAllister’s truck, which was parked in downtown Ottawa, leaving him unable to retrieve it. Two days later, he watched on TV as officers smashed the windows of his truck before it was towed away. Later, McAllister discovered that all of his bank accounts had been frozen.
Nearly two and a half years later, McAllister received a major victory when the Crown notified his lawyer that all charges against him would be withdrawn. Initially, the Crown offered McAllister a peace bond, with a restriction preventing him from attending any protest, gathering, or rally with more than 25 people for one year.
McAllister rejected the offer, standing firm on his belief that “I’m not giving in to being silenced—that’s the main principle I’m fighting for.” The Crown returned with a revised offer—a peace bond without protest restrictions, provided McAllister wrote a 100-word paragraph explaining the difference between a political protest and criminal mischief. McAllister accepted this offer.
In February of this year, federal court judge Justice Richard G. Mosley ruled that the invocation of the Emergencies Act was unconstitutional. This landmark decision triggered a wave of lawsuits against the federal government, with McAllister joining 19 other plaintiffs in a lawsuit seeking $2 million in damages each. The federal government has filed an appeal challenging Justice Mosley’s decision.
McAllister’s lawyer, Ian McCuaig, spoke with The Canadian Independent, expressing satisfaction with the verdict and noting that “Mr. McAllister is happy, and that is a measure of success.” McCuaig emphasized McAllister’s strong defense, which centered on multiple Charter violations.
He argued that McAllister’s rights had been repeatedly breached, including violations of his section 10 rights, as he was denied access to a lawyer and had his property unlawfully seized. Additionally, McCuaig cited unlawful detention and a breach of section 7, pointing out that McAllister had been “driven against his will to a remote location and abandoned.” These violations, McCuaig contended, made “a compelling argument for a stay of proceedings.”
McCuaig also highlighted the importance of the outcome in preserving McAllister’s section 2 rights, which guarantee freedom of movement and association. “His right to engage in protected expression was not compromised,” McCuaig said, adding, “That was a priority for me, as someone who values those rights dearly.”
