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WINDSOR, ONT. – The trial for Windsor resident Robert (Spencer) Allossery, who was handcuffed and ticketed for peacefully skating with a protest sign outside Windsor City Hall has been adjourned to November 18 at 9:30 at the request of the prosecutor, who said a Crown witness had a family emergency and could not attend.

On January 5, to call attention to concerns about budget transparency, Allossery wrote on Bristol board, “Under the 2001 Ontario Municipal Act, you’re legally required to provide a complete budget,” and held it up while skating to make his message visible to the city councillors meeting inside.

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) of the Trespass to Property Act.

CCF Counsel Alexander Surgenor is representing Allossery in seeking dismissal of the ticket, asking the court to recognize that raising a sign outside city hall is protected expression under section 2(b) of the Charter of Rights and Freedoms.

“Mr. Allossery went for a skate, as so many do, and decided to speak his mind at the same time,” said Surgenor. “He was simply expressing his views about his local government. That should never result in being handcuffed and ticketed.”

CCF Litigation Director Josh Dehaas, who back in January wrote to the City of Windsor and Windsor Police seeking an apology for Allossery’s arrest, said freedom of expression protects Canadians who peacefully criticize their governments in public spaces.

“You cannot get around the Charter just by calling a protester a trespasser,” said Dehaas. “If someone can be kicked off public property simply for criticizing their government, the officials responsible have fundamentally misunderstood why the Charter protects free expression.”

“We hope the prosecutor will take the time between now and November 18 to reconsider whether this charge is in the public interest to pursue,” Dehaas added.

(The image accompanying this press release has been digitally enhanced to view the sign clearer).