Windsor police officer challenges discipline for Freedom Convoy donation

Police move in to clear downtown Ottawa near Parliament hill of protesters after weeks of demonstrations on Saturday, Feb. 19, 2022. THE CANADIAN PRESS/Cole Burston

A Windsor police officer is challenging his conviction and discipline for donating to the Ottawa Freedom Convoy.

Lawyers for Const. Michael Brisco are also arguing the “injustice” of prosecuting an officer using details that were only discovered because of a hack.

A hearing was held Tuesday in Toronto in front of the Ontario Civilian Police Commission (OCPC) for lawyers from the Justice Centre for Constitutional Freedoms (JCCF).

They dispute the ‘discreditable conduct’ conviction, penalty and source of the allegations against the Windsor officer, according to a news release.

The timeline:

• Feb. 8 2022 – Const. Brisco donated $50 via GiveSendGo to support the Freedom Convoy in Ottawa (while off work because of WPS vaccine policy)
• Feb. 14 2022 – GiveSendGo donor list hacked and posted online
• Sept. 2022 – WPS Professional Standards Branch charge Const. Brisco with discreditable conduct
• Feb. 2023 – 6-day hearing begins in Windsor in front of Provincial Adjudicator
• Mar. 2023 – Const. Brisco convicted
• May 2023 – Const. Brisco penalized

JCCF lawyer Darren Leung said in a news release police officers are allowed to express their political beliefs, so long as they do it without identifying themselves as police.

During his PSB hearing, Brisco told the adjudicator he used a personal email address to send his donation and he expected it would remain confidential.

“Furthermore, it is an injustice that Const. Brisco was investigated on the basis of illegally obtained information,” Leung wrote in the statement. “Instead of investigating who was responsible for the hack, the Windsor Police Service have dedicated their resources in prosecuting Const. Brisco.”

“No Canadian should face disciplinary proceedings at the hands of her or his professional association for expressing support for a cause or movement,” stated John Carpay, JCCF in the news release. “Every Canadian, including police and also including doctors, nurses, teachers and other regulated professionals, has a right to donate to the cause of her or his choice, and to do so privately and confidentially.”

In his decision in March 2023, adjudicator Morris Elbers said “Const. Brisco betrayed the trust of his fellow officers, the community and the Windsor Police Service (WPS).”

Elbers believes the donations was made “in total opposition to the hardworking police officers” working on security at the demonstrations in Ottawa and Windsor.

Brisco denied his donation was intended to support the Windsor blockade of the Ambassador Bridge. He told Elbers during his testimony he did not support that action.

It’s not clear how long the OCPC hearing will take or when the commission will issue its ruling.