As many of you have noticed, we are at a time of major convergence on multiple societal fronts—whether it’s the debate over vaccinations, controversial legislation like Bill C-293 (the WHO One Health Initiative in Canada), or freedom of speech concerns surrounding Bill C-63.
My guest today, Cullen MacDonald, and I first crossed paths at the height of the lockdowns, and since then, Cullen has taken a bold stand against what we both see as an erosion of one of our most fundamental democratic rights - the right to protest and peaceful assembly . Cullen’s case is significant for anyone concerned with freedom of speech, peaceful assembly, and the very principles of democracy. If you haven’t yet listened to my previous episode with Bruce Pardy on Bill C-63, I highly recommend doing so, as it ties into our discussion today.
In This Episode:
The Background of Cullen’s Case: We dive into how Cullen was arrested and criminally charged for participating in peaceful protests during the height of Ontario’s lockdowns in 2021, exploring what these charges mean for freedom of speech and protest rights in Canada.
The Bigger Picture: The implications of escalating a provincial mandate to a federal criminal charge, the potential precedent this sets, and what this means for future protests, free speech, and civil liberties.
Cullen’s Story: Hear how Cullen was targeted for his influence in the freedom movement, standing up for rights enshrined in the Canadian Charter and Bill of Rights, and how he faced escalating bail conditions designed to silence him.
Legal Battle and Appeal: We discuss Cullen’s legal journey, including his self-representation in court, the differing outcomes of two trials, and his upcoming appeal in the Ontario Court of Appeals.
Why It Matters for All of Us: We discuss the wider ramifications of Cullen’s case in the context of current and future potential emergencies, and how this is not just about one protest, but about setting dangerous precedents that could stifle dissent for any cause in the future.
Watch this short video which encapsulates the background to Cullen’s case
Key Themes and Takeaways:
Precedent-Setting Case: If Cullen loses his appeal, it will set a legal precedent that could criminalize peaceful assembly and dissent against government policies in the future.
The Use of Case Law: Cullen’s case highlights how case law works as a “test case” to see what legal boundaries the government can push, and the ripple effect this can have on future protests, climate policies, and free speech.
A Clash Between Rights and Mandates: The difference between bylaws, mandates, and federal laws is significant. Cullen’s fight raises critical questions about how provincial mandates are being elevated to federal criminal offences without a clear legal basis.
Protecting Democratic Rights: The right to peaceful assembly and free speech are fundamental to a functioning democracy. We explore what happens when these rights are challenged and how to respond.
How You Can Help:
Share and Spread Awareness: Raising public awareness is crucial. Follow Cullen on Facebook and share information about his case to help others understand the potential threat to their own rights.
Attend the Peaceful Assembly: If you’re in the Niagara region or nearby, join Cullen on October 11th in Welland, Ontario, at 10 am for a peaceful assembly before his court hearing.
Sign the Public Interest Letter: Support the movement by sending a public interest letter to express your disapproval of the criminalization of protest and peaceful assembly in Canada.
Additional Resources:
Follow Cullen’s case on Facebook
Here’s a Public Interest Letter
When Protesting & Peaceful Assembly Become Crime