Pat King just lost a major appeal, and the Ontario Court of Appeal didn't mince words. The court overturned his acquittal on intimidation, entered a conviction, and ordered that he be sentenced again. More importantly, the judges rejected the idea that the convoy was simply a peaceful protest that got out of hand.
The Ontario Court of Appeal has overturned Pat King’s 2024 acquittal on an intimidation charge, finding that the trial judge erred in law by classifying his convoy-related actions as a lawful protest. King has now been convicted of intimidation, and the court has ordered a new sentencing hearing to reconsider his total penalty. A primary piece of evidence used by critics to argue that the protest had anti-democratic goals was a document called the Memorandum of Understanding (MOU), promoted early on by Canada Unity (one of the core organizing groups associated with the convoy). The MOU explicitly called for the Governor General of Canada and the Senate to bypass the elected House of Commons, dissolve the sitting government, and form a joint committee with the convoy organizers to govern the country. Following heavy public and legal blowback pointing out that this demand was inherently anti-democratic and unconstitutional, the organizers officially withdrew the MOU. He should have been charged with or convicted of treason, sedition, or an explicit attempt to overthrow the government. Because his original three-month conditional sentence and probation for mischief convictions were deemed too lenient by the appeals court, he faces fresh sentencing submissions. While the Crown originally sought a 10-year maximum prison sentence for mischief CBC News, the addition of the intimidation conviction and a directive from the appellate judges to fully reflect the public impact of his actions means he now faces a substantially heavier penalty than his previous house arrest.
Upcoming Hearing: A new sentencing hearing will be scheduled at the Ontario Superior Court, where the judge will determine a single new sentence that incorporates the fresh intimidation conviction with his original five convictions (mischief, counseling mischief, counseling to obstruct police, and disobeying a court order).
The Legal Rulings
The Appeal: Crown prosecutors argued the original sentence was far too lenient and that the trial judge misapplied the law regarding public demonstrations.
The Decision: The three-judge appeal panel ruled that "criminal conduct is not less criminal because it occurs during a lawful protest". The judges formally convicted King of one count of intimidation.
The Convoy's Nature: In the written decision, the appeal panel rejected the trial judge's earlier assessment, instead describing the 2022 protest as "a co-ordinated, targeted attack on Ottawa residents aimed at coercing change through highly disruptive criminal conduct".
Previous Convictions and Re-Sentencing:
Existing Sentences: King had previously been found guilty of five other Criminal Code charges tied to his leadership role, including mischief, counselling others to commit mischief, and disobeying a court order, resulting in a 12-month conditional sentence.
Next Steps: Because of the new intimidation conviction and the appeal court's finding that the initial sentence was too lenient, a new hearing will be scheduled to reconsider his total penalty.
SOURCE with comments
