Trial dates are set in for June for James Bauder, president and founder of Canada Unity, one of the groups that participated in last year’s convoy demonstration.
Calgary-based convoy organizer James Bauder portrayed himself as the victim of “political persecution” in arguments Friday as he seeks to move his upcoming jury trial from Ottawa to a courthouse in either Brockville or North Bay.
Trial dates are set for June for Bauder, 52, president and founder of Canada Unity, one of the groups that participated in last year’s convoy demonstration, on charges of mischief to obstruct property, disobeying a lawful court order and obstruct/resist a peace officer.
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“I believe that I will not get a fair trial in Ottawa because I participated in a very high-profile, highly politicized, lawful protest directed at the federal government of Ottawa,” said Bauder, who is self-represented.
Bauder said the protest was directed at the federal government and, as the capital, Ottawa is “associated with all of the federal employees, federal contractors, lobbyists, the lawmakers.”
Bauder argued it would be “very challenging… to find someone from Ottawa that’s not associated with the federal government” and said it would be equally unlikely to find 12 eligible jury members who are unfamiliar with the “profuse adverse” media coverage the convoy received.
“The character, personality types within the Ottawa jurisdiction are government workers and this was a protest against government overreach,” he said. “These are government employees, and they’re not my peers.”
Bauder was countered on that point by Crown Attorney Dallas Mack and questioned further by Superior Court Justice Charles Hackland.
The political views of federal employees “are not something (one) can simply package and categorize and say they all support the government,” Hackland said. “That would be complete speculation. There would be a wide variety of political views among their population, just like there is everywhere.”
“Where do they get their paycheques from, sir?” Bauder replied.
Mack said Bauder produced no evidence of the political leanings of government employees and said any concerns could be addressed during the jury selection process.
“There is no evidence to support the notion that every federal government employee shares the federal government’s approach to COVID-19 and the mandates that were imposed,” Mack continued. “And there is no evidence that any of the federal government employees, whether or not they agree with the mandates, have any prejudicial views about the convoy or about Mr. Bauder specifically.
“To the extent that is a concern, a safeguard could be imposed as a remedy (during jury selection).”
Mack cited case law in arguing a change of venue should be granted “as a discretionary remedy to be exercised with great caution and only on compelling grounds.”
Bauder submitted 105 pages of media articles he characterized as “disgusting and filthy and gross” related to himself and the convoy.
Mack said the articles were largely portraying factual information and said a potential jury pool in Brockville would have had the same access to media coverage as those in Ottawa.
Bauder claimed he was “falsely accused and persecuted” in his closing statement.
“I’m asking the courts to either drop all the charges against me or consider a change of venue so that we can proceed with a fair trial.”
The judge will release a decision next week.
ahelmer@postmedia.com
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