Windsor Police Officer Who Donated $50 to Freedom Convoy Loses Tribunal Appeal

The appeal of a Windsor police officer disciplined for donating $50 to the Freedom Convoy in 2022 has been dismissed by the Ontario Civilian Police Commission.

Constable Michael Brisco, who had no prior disciplinary record, was found guilty of discreditable conduct and ordered to forfeit 80 hours in pay following a four-day hearing in March 2023. He filed a Notice of Appeal with the Ontario Civilian Police Commission (OCPC) last June seeking to challenge the conviction and penalty.

Const. Brisco said there was no “clear and compelling evidence” of discreditable conduct, that the investigation of the donation was an abuse of process, and that the penalty was “unreasonable and unduly harsh,” during the Nov. 21, 2023, appeal hearing. While the Ontario Civilian Police Commission agreed the penalty was “significant,” it determined the discipline was not unreasonable.

Const. Brisco made a donation to the trucker protest against COVID-19 vaccine mandates on Feb. 7, 2022, through the website GiveSendGo. At the time, he was on unpaid leave for not receiving a COVID-19 vaccine under the Windsor Police Service’s mandatory vaccination policy.

Despite Const. Brisco’s donation being anonymous, his name was discovered and made public after the Feb. 13 hack of the GiveSendGo website. Const. Brisco testified during his initial hearing he believed he had been “laid off” and thus his donation to the Freedom Convoy was made as a civilian.

Retired OPP superintendent Morris Elbers, who acted as the hearing officer, told the panel the public’s interest in the case was “very large,” adding that a significant penalty for the violation would help repair the public’s confidence in Windsor police. The OCPC panel supported Mr. Elbers’ finding.

The OCPC panel also pointed out that Const. Brisco had acknowledged earlier he was aware officials had described the Freedom Convoy demonstration as illegal at the time he donated.

Const. Brisco claimed there had been an abuse of process because the OPP investigation that identified him was based on a list of donors illegally obtained by a third party. The commission, however, said there had been no “abuse of application” claim filed at the hearing stage, and that new arguments ”should not be heard on appeal.”

The panel said although the penalty Const. Brisco received was significant, it was “far less serious than demotion or termination.” They also agreed with Mr. Elbers’ statement that the reputation of the Windsor Police Service needed to be factored in, and it was ”particularly linked to the important objective of maintaining confidence in policing.”People participate in a Freedom Convoy rally protesting the federal vaccine mandate for truckers and other pandemic restrictions, in Ottawa on Jan. 29, 2022. (The Canadian Press/Justin Tang)

The appeal of a Windsor police officer disciplined for donating $50 to the Freedom Convoy in 2022 has been dismissed by the Ontario Civilian Police Commission.

Constable Michael Brisco, who had no prior disciplinary record, was found guilty of discreditable conduct and ordered to forfeit 80 hours in pay following a four-day hearing in March 2023. He filed a Notice of Appeal with the Ontario Civilian Police Commission (OCPC) last June seeking to challenge the conviction and penalty.

Const. Brisco said there was no “clear and compelling evidence” of discreditable conduct, that the investigation of the donation was an abuse of process, and that the penalty was “unreasonable and unduly harsh,” during the Nov. 21, 2023, appeal hearing. While the Ontario Civilian Police Commission agreed the penalty was “significant,” it determined the discipline was not unreasonable.

Const. Brisco made a donation to the trucker protest against COVID-19 vaccine mandates on Feb. 7, 2022, through the website GiveSendGo. At the time, he was on unpaid leave for not receiving a COVID-19 vaccine under the Windsor Police Service’s mandatory vaccination policy.

Despite Const. Brisco’s donation being anonymous, his name was discovered and made public after the Feb. 13 hack of the GiveSendGo website. Const. Brisco testified during his initial hearing he believed he had been “laid off” and thus his donation to the Freedom Convoy was made as a civilian.

Retired OPP superintendent Morris Elbers, who acted as the hearing officer, told the panel the public’s interest in the case was “very large,” adding that a significant penalty for the violation would help repair the public’s confidence in Windsor police. The OCPC panel supported Mr. Elbers’ finding.

The OCPC panel also pointed out that Const. Brisco had acknowledged earlier he was aware officials had described the Freedom Convoy demonstration as illegal at the time he donated.

Const. Brisco claimed there had been an abuse of process because the OPP investigation that identified him was based on a list of donors illegally obtained by a third party. The commission, however, said there had been no “abuse of application” claim filed at the hearing stage, and that new arguments ”should not be heard on appeal.”

The panel said although the penalty Const. Brisco received was significant, it was “far less serious than demotion or termination.” They also agreed with Mr. Elbers’ statement that the reputation of the Windsor Police Service needed to be factored in, and it was ”particularly linked to the important objective of maintaining confidence in policing.”