Supporters arrive at Parliament Hill for the Freedom Truck Convoy to protest against Covid-19 vaccine mandates and restrictions in Ottawa, Canada, on January 29, 2022. (Photo by LARS HAGBERG/AFP via Getty Images)
An Ottawa court has issued a Canada-wide arrest warrant for a Freedom Convoy participant who is seeking political asylum in the United States.
Calgary trucker James Bauder failed to appear in court in Ottawa on Aug. 27. He had been ordered by Superior Court Justice Kevin Phillips to attend the court in person to “explain his intentions regarding his upcoming criminal trial,” according to an Aug. 29 news release written by Canadian non-profit The Democracy Fund’s (TDF) legal team, which is representing Bauder.
Bauder is facing five criminal offence charges in connection with his participation in the 2022 Freedom Convoy protest in Ottawa, including mischief, counselling mischief, intimidation, counselling intimidation, and obstructing police. His trial is set to take place on Nov. 10 in Ottawa.
“Mr. Bauder maintains that he faces political persecution by the Canadian government due to his participation in the Freedom Convoy: he has recently filed an asylum claim in the United States,” TDF’s legal team said. If a U.S. asylum claimant returns to Canada while their claim is pending, it could undermine their persecution claim under U.S. law and jeopardize their application, the legal team added. Based on this, TDF lawyers applied to adjourn Bauder’s November criminal trial.
However, Phillips reserved judgement and ordered Bauder to appear in court on Aug. 27 to explain the adjournment request.
TDF-funded lawyers Lawrence Greenspon and Eric Granger appeared on behalf of Bauder at the Aug. 27 hearing, and said Bauder would attend the hearing remotely as attending in person would put him at risk of jeopardizing his pending U.S. asylum application.
However, Phillips denied Bauder’s adjournment request and issued a warrant for Bauder’s arrest, saying the criminal trial would proceed on Nov. 10.
“The issue here is what would James be facing if and when he came back to Canada,” Greenspon said to reporters outside the courtroom on Aug. 27. “We know now, as of today, the first thing he’s going to be facing is an arrest warrant.”
TDF litigation director Mark Joseph says that while Bauder’s political asylum claim is pending, he is “afforded certain legal protections under international and U.S. law.”
“Though we respect the decision of the Court, our position is that Mr. Bauder should not be forced to choose between his right to a fair trial and the viability of his U.S. asylum claim,” Joseph said in an Aug. 29 statement.
Court
Before fleeing to the United States, Bauder sought to move his trial out of Ottawa as he expressed concern that the potential jurors would be more likely to have a bias against him. At a February 2023 hearing, he said Ottawa residents largely consist of government employees, while the convoy was “a protest against government overreach.”
He said it would be difficult to find suitable jurors for his trial, adding that government employees were not his “peers,” and asked that the trial be moved to North Bay or Brockville, Ont.
Meanwhile, Superior Court Justice Charles Hackland ruled against Bauder’s request.
“I find Mr. Bauder’s concerns about the attitudes of persons employed by the federal government is baseless in fact and boils down to his concern most Ottawa residents do not share his political views,” Hackland wrote in his decision.
Hackland said Bauder wasn’t on trial for politics but for “his alleged criminal conduct,” adding that jury bias could arise from residents who felt they suffered disruption during the protest, that their businesses were obstructed, or that the convoy blocked their neighbourhoods.
However, he said this concern should be addressed through the usual screening process for potential jurors, noting that jurors are trusted to “leave their views at the door of the deliberation room and decide the case on the evidence.”