Randy Hillier, a former Ontario politician, faces a renewed legal battle after the province’s highest court overturned a previous stay of charges. The decision sends his case back to the Superior Court of Justice, prolonging a legal saga that has spanned nearly five years.
Hillier, who represented Lanark–Frontenac for 15 years, described his disappointment, emphasizing his long-standing commitment to advocating for ordinary Ontarians. He stated that even during the divisive COVID-19 pandemic, he continued to champion those he believed were unfairly impacted by lockdown measures.
The financial and emotional strain of the prosecution has been immense. Hillier revealed he has spent approximately $200,000 in legal fees, largely representing himself since 2023 while relying on a CPP/OAS pension. The pursuit of justice, he contends, has come at a staggering personal cost.
The charges against Hillier – obstructing a peace officer, counselling an indictable offence, mischief, and assaulting a peace officer – stem from his alleged involvement in the 2022 convoy protest that brought downtown Ottawa to a standstill. The protest was a powerful demonstration against COVID-19 public health restrictions and vaccine mandates.
Late in 2024, Superior Court Justice Kerry McVey initially stayed the charges, citing unreasonable delays that exceeded the limits set by the Supreme Court of Canada – known as the Jordan ceilings. The 30-month ceiling for Superior Court cases had been surpassed, she determined.
However, the Court of Appeal of Ontario disagreed with McVey’s calculation. They ruled that an additional 93 days should have been deducted from the timeline due to “exceptional circumstances,” ultimately bringing the case within the Jordan limit. This recalculation resurrected the charges.
The appeal hinged on a motion to move the case outside of Ottawa, a request impacted by a 2023 Supreme Court of Canada ruling (R v. Haevischer) regarding how such motions are considered. While McVey acknowledged the ruling as an exceptional circumstance, she found the Crown hadn’t acted swiftly enough to reschedule the hearing.
The appellate judges countered that some delay was unavoidable, as securing a new hearing date was beyond the Crown’s immediate control. They also noted the Crown had taken reasonable steps to mitigate delays, including accepting one of the earliest available court dates.
The Court of Appeal’s decision emphasized that all parties believed no earlier date for the venue change application could be found. This perspective ultimately swayed the court to reinstate the charges and return the case to the Superior Court of Justice in Ottawa.
A trial date has not yet been scheduled. Hillier stated the Crown has not contacted him regarding next steps and declined to discuss his legal strategy, asserting that doing so could prejudice his defense. He remains resolute, but the legal battle continues.
The case now returns to the Superior Court, leaving Hillier facing an uncertain future and a continuing financial burden as he prepares to defend himself against the charges laid in connection with the highly publicized protest.
