OTTAWA — A Canadian soldier who publicly spoke out against federal vaccine requirements while in uniform has been charged while another Armed Forces member has been fined after posting a video supporting the Freedom Convoy.
The Defence Department confirmed the charges against Warrant Officer James Topp and finding of guilt against Aviator Riley MacPherson on Wednesday, adding six other service members remain under investigation for criticizing government policy.
A 22-year veteran of the Canadian Armed Forces who served in Afghanistan, Topp faces two counts of conduct to the prejudice of good order and discipline for comments that he made while wearing his uniform in February.
A copy of the charge sheet provided by his lawyer, Phillip Millar, says one of the charges relates specifically to a video posted to TikTok in which the army reservist criticized vaccine requirements for military personnel and other federal employees.
The second charge deals with similar criticisms that Topp made in Surrey, B.C., around the same time, also while in uniform. A professional-looking video of those comments was later published to social media.
Canadian Armed Forces members are severely restricted in the comments they can make while in uniform, particularly when it comes to criticizing government policies, in large part to protect the military from any perception of politicization.
But Millar argued such restrictions should not apply to policies that affect Armed Forces members personally.
“We don’t want people in uniform making political statements,” he said. “But this is not a case where he’s supporting the NDP or the Conservative government. He’s speaking about a policy that directly affects him, and his conviction.”
Topp in his first video acknowledged he did not have authorization to wear his uniform while speaking out against the vaccine mandates, and that he took full responsibility for his actions and the consequences.
But the warrant officer, who is currently in the midst of a 4,000-kilometre march from Vancouver to Ottawa that started on Feb. 20, added: “I do not believe that the state should have the power over my body and what goes into it.”
He later shot a second video in civilian clothing, saying he had been ordered to take the first video down, but the original remains available on social media.
Chief of the defence staff Gen. Wayne Eyre ordered all military personnel to be fully vaccinated by mid-October to protect the Canadian Armed Forces from COVID-19. The deadline was later extended to mid-December.
While most service members complied with the order, with the Defence Department reporting more than 98 per cent of Canadian troops had gotten vaccinated, hundreds of others did not and have been — or are in the process of being — kicked out.
The military requirement followed a similar mandate for all federal civil servants.
Millar alleged his client was initially offered a trial by court martial, in which the case would be heard by a judge or panel, but that they later changed it to a summary trial, meaning Topp’s chain of command will hear the case.
The change means that not only will the case not be heard by an impartial and independent body, Millar said, and Topp won’t be able to bring legal counsel to his hearing.
“The opportunity to explore whether or not the policy was, in fact, legal is denied to him,” Millar said.
The Defence Department did not respond to questions about whether the case was changed from a court martial to summary trial.
However, the fine against MacPherson followed a summary trial in which he was found guilty in February of conduct to the prejudice of good order and discipline after posting a video voicing support for the Freedom Convoy while in uniform.
The convoy saw hundreds of demonstrators block streets in Ottawa with big rigs and other trucks to protest COVID-19 restrictions, vaccine mandates and Trudeau’s government. Officials described the three-week protest as an “occupation.”
Protesters also blocked border crossings at Coutts, Alta., Windsor, Ont., and Emerson, Man., and the pacific highway crossing in B.C. — effectively corking trade between Canada and the United States.
“As we have stated before, members of the CAF must remain impartial when communicating publicly and are not permitted to express their personal views when in uniform,” Defence Department spokesman Daniel Le Bouthillier said in a statement.
“The CAF will continue to take appropriate disciplinary and/or administrative action to hold members accountable for their actions.”
The Defence Department said 13 Armed Forces members have been or are being investigated for publicly criticizing government policy. Military police are currently conducting two of those investigations, while four others are being led by individual units.
Officials opted not to charge the remaining five, three of whom have since left the military.
This report by The Canadian Press was first published May 11, 2022.
EDMONTON – RCMP say a second suspect has been arrested in the killing of an Alberta county worker.
Mounties say 28-year-old Elijah Strawberry was taken into custody Friday at a house on O’Chiese First Nation.
Colin Hough, a worker with Rocky View County, was shot and killed while on the job on a rural road east of Calgary on Aug. 6.
Another man who worked for Fortis Alberta was shot and wounded, and RCMP said the suspects fled in a Rocky View County work truck.
Police later arrested Arthur Wayne Penner, 35, and charged him with first-degree murder and attempted murder, and a warrant was issued for Strawberry’s arrest.
RCMP also said there was a $10,000 reward for information leading to the arrest of Strawberry, describing him as armed and dangerous.
Chief Supt. Roberta McKale, told a news conference in Edmonton that officers had received tips and information over the last few weeks.
“I don’t know of many members that when were stopped, fuelling up our vehicles, we weren’t keeping an eye out, looking for him,” she said.
But officers had been investigating other cases when they found Strawberry.
“Our investigators were in O’Chiese First Nation at a residence on another matter and the major crimes unit was there working another file and ended up locating him hiding in the residence,” McKale said.
While an investigation is still underway, RCMP say they’re confident both suspects in the case are in police custody.
This report by The Canadian Press was first published Sept. 13, 2024.
RICHMOND, B.C. – The Integrated Homicide Investigation Team says the 26-year-old son of a man found dead on British Columbia’s Sunshine Coast has been charged with his murder.
Police say 58-year-old Henry Doyle was found badly injured on a forest service road in Egmont last September and died of his injuries.
The homicide team took over when the BC Coroners Service said the man’s death was suspicious.
It says in a statement that the BC Prosecution Service has approved one count of first-degree murder against the man’s son, Jackson Doyle.
Police say the accused will remain in custody until at least his next court appearance.
The homicide team says investigators remained committed to solving the case with the help of the community of Egmont, the RCMP on the Sunshine Coast and in Richmond, and the Vancouver Police Department.
This report by The Canadian Press was first published Sept. 13, 2024.
VANCOUVER – Mediated talks between the union representing HandyDART workers in Metro Vancouver and its employer, Transdev, have broken off without an agreement following 15 hours of talks.
Joe McCann, president of Amalgamated Transit Union Local 1724, says they stayed at the bargaining table with help from a mediator until 2 a.m. Friday and made “some progress.”
However, he says the union negotiators didn’t get an offer that they could recommend to the membership.
McCann says that in some ways they are close to an agreement, but in other areas they are “miles apart.”
About 600 employees of the door-to-door transit service for people who can’t navigate the conventional transit system have been on strike since last week, pausing service for all but essential medical trips.
McCann asks HandyDART users to be “patient,” since they are trying to get not only a fair contract for workers but also a better service for customers.
He says it’s unclear when the talks will resume, but he hopes next week at the latest.
The employer, Transdev, didn’t reply to an interview request before publication.
This report by The Canadian Press was first published Sept. 13, 2024.
