Case information

Charter of Rights and Freedoms — Liberty — Freedom of expression — Right to be informed of nature of offence — Right to be presumed innocent — Right to trial by jury — Right not to be tried again if acquitted — Criminal law — Mischief — Appellate review — Common law ancillary powers of police — Defences — Whether summary conviction appeal court applied incorrect standard of review — Whether accused improperly denied right to elect his mode of trial — Whether Crown’s summary election breached Charter — Whether failure to consider the withdrawal of a count was an error of law — Whether police officers’ conduct fell within statutory or common law duties or orders — Whether application of ancillary powers doctrine breached Charter — Whether mischief counts constituted separate transactions — Whether the summary convictions judge erred by relying on case law or in concluding trial judge made a finding of fact that there was a public mischief or by ignoring lack of evidence of interference by accused with any access to or from any residence or business or by dismissing colour of right defences?

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

During protests in Ottawa against COVID-19 measures, Mr. Romlewski was approached by tactical police officers seeking to clear the area. When ordered to move out of the way, he sat down on the street and obstructed the tactical police. At trial he was convicted of obstructing a peace officer and acquitted on two counts of mischief. A summary conviction appeal court allowed an appeal from the acquittals and entered convictions on both counts of mischief. The Court of Appeal denied leave to appeal.

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