Randy Hillier's convoy protest charges stayed due to court delays

All charges faced by former MPP Randy Hillier in relation to the 2022 convoy protest in Ottawa have been stayed because of court delays.

The former independent representative for Lanark–Frontenac–Kingston had been facing nine charges including two counts of mischief, three counts of counselling to commit an indictable offence, three counts of obstructing a peace officer and one of assaulting a peace officer.

However, in a decision dated Nov. 14, Justice Kerry McVey granted Hillier a stay of proceedings based on the argument that his right to be tried within a reasonable time had been violated.

Even with a 65-day deduction for delays caused by the defence and another 40 days for "exceptional circumstances,"  McVey found Hillier had been waiting 31 months and 13 days.

That exceeds the 30-month ceiling set in the 2016 Supreme Court decision R. v. Jordan.

"As a result, the application is granted," the judge's decision reads. "The charges against Mr. Hillier are stayed."

In a video posted on social media shortly after 11 a.m. Friday, Hillier said "today is a day to celebrate."

"All criminal charges against me in Ottawa, from the Freedom Convoy, have been stayed," he added.

Hillier tried to move trial

A four-week judge and jury trial had been been scheduled to begin on Jan. 27, 2025.

It was set to take place in Ottawa despite attempts by Hillier to have it moved elsewhere. His lawyer argued there was "widespread bias" in the city due to Hillier's support for the convoy, which paralyzed parts of the downtown core in 2022.

Those attempts were part of the reason the matter dragged on so long, according to the judge's ruling, which stated the former elected official was charged on March 28, 2022.

His motion to move the trial was first dismissed on April 26 the following year. Just two days later, the Supreme Court released a decision about the test for a summary dismissal, so the judge set aside his ruling and ordered the change of venue motion to be heard again.

A second judge again dismissed the motion following a full hearing on Sept. 25, 2023.

Roughly a month later, Hillier fired his lawyer and represented himself, heading into the trial that was scheduled for the end of January 2025.

Total delay of nearly 35 months

McVey wrote that Hillier had raised the issue of delays beyond the so-called Jordan limit during a pre-trail in February, which meant that he was aware of his rights, but that he had failed to file an application for a stay in a "timely way."

Despite that, the judge said she wasn't suggesting he acted in "bad faith." Even with that late application, McVey found the Crown "ought to have been aware that delay was a live issue."

The judge wrote that the total delay between the date Hillier was charged and the anticipated end of his trial on Feb. 25, 2025, works out to a total of 34 months and 28 days.

McVey attributed 65 days of that delay to an "unjustified refusal" by the defence to participate in a pre-trail conference, despite being asked repeatedly to do so by the Crown.

She also subtracted another 40 days from the total because of the "exceptional circumstance" of the Supreme Court's ruling and the need for another hearing on Hillier's motion to change the venue of his trial.

Even with those deductions, the delay was still longer than the Jordan limit, so McVey ruled the charges should be stayed.