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TORONTO – The CCF announced today that it will represent a Windsor, Ont., man who was arrested for exercising his Charter-protected freedom of expression.

Just before Christmas, city councillors in Windsor were provided with an annual budget that had an unusually high number of items reserved for in camera (not public) council debate. This perceived lack of budget transparency became a local news story.

On January 5, Windsor resident Spencer Allossery decided to stage a protest. He purchased two 24 X 20-inch pieces of Bristol board, and wrote a message on them with a Sharpie: “Under the 2001 Ontario Municipal Act, you’re legally required to provide a complete budget.”

Allossery took his protest sign to the skating rink directly outside Windsor City Hall and held it up while skating. His goals were to inform the public about the city’s perceived lack of transparency, and to catch the eyes of the councillors who were in a meeting overlooking the rink.

Soon after, Allossery was approached by Windsor police officers and two security guards who told him to leave the premises. When Allossery refused, he was handcuffed, escorted off the property, and issued a $65 ticket under section 2(1)(6) of the Trespass to Property Act.

Allossery’s protest was clearly protected by section 2(b) of the Charter of Rights and Freedoms.

As Justice Bradley Miller wrote for the Court of Appeal in Bracken v Fort Erie, 2017 ONCA 668:

“There can be no question that the area in front of a Town Hall is a place where free expression not only has traditionally occurred, but can be expected to occur in a free and democratic society. The literal town square is paradigmatically the place for expression of public dissent.”

The CCF will assist Mr. Allossery in seeking dismissal of the charge made under the Trespass to Property Act.

CCF Counsel Josh Dehaas has also written to the City of Windsor and Windsor Police seeking an apology for these unconstitutional actions. If Mr. Allossery does not receive an apology, the CCF will consider further legal action.

“Mr. Allossery was peacefully expressing himself on a matter of public interest in an appropriate place,” Dehaas said. 

“Windsor’s security guards had no reason to order him to leave the property, and police had no business handcuffing him because he exercised his free speech rights.”