Windsor police officer appealing after conviction for freedom convoy donation

Day 10 of the Freedom Convoy demonstration in downtown Ottawa in February 2022. (Josh Pringle/CTV News Ottawa)

A Windsor police officer is appealing his discreditable conduct conviction and penalty for donating $50 to the Freedom Convoy.

Constable Michael Jason Brisco was convicted of the charge under the Police Services Act.

In a news release Thursday, the Justice Centre for Constitutional Freedoms is now appealing the decision to the Ontario Civilian Police Commission.

“Constable Brisco was exercising his right to freedom of expression when he made a small donation to the Freedom Convoy. He fully believed that the protests were peaceful, and his beliefs were confirmed by the Superior Court, which allowed for the protests to continue, albeit without honking,” says Sayeh Hassan, counsel for Constable Brisco in the news release.

Const. Brisco was convicted of one count of discreditable conduct on March 24th and received a penalty of 80 hours forfeiture on May 18th.

It would mean the officer would have to go to work on regularly scheduled days off and not get paid to do his job.

In reaction to the penalty, Const. Brisco’s lawyer, Shane Miles, said at the time that “everything is on the table” in terms of their response to it.

CTV News has reached out to Miles for comment.

During the hearings in Windsor, it was learned Const. Brisco’s donation was discovered after an online crowd-sourcing website was hacked.

That list was given to the Ontario Provincial Police who’s investigators assisted in identifying active police officers who made donations.

“Canadians including police officers should be able to exercise their right to freedom of expression without being penalized,” writes Hassan. “We are hopeful that the Ontario Civil Police Commission will overturn Constable Brisco’s conviction and uphold his right to freedom of expression.”

The JCCF is based in Calgary, AB and its lawyers have been representing many people facing pandemic-related charges and they were one of the groups with standing during the Public Order Emergency Commission.