Updated this article a bit, as it seems Fred Bracken has been in the Canadian news a lot lately.

Bracken v. Fort Erie (Town), 2017 ONCA 668 (CanLII)

Fredrick Bracken, acting in person

Christine Carter and Michael Krygier-Baum, for the respondent

Heard: November 17, 2016

On appeal from the judgment of Justice T. Maddalena of the Superior Court of Justice, dated February 12, 2016, with reasons reported at 2016 ONSC 1122 (CanLII).



B.W. Miller J.A.:



Overview

[1] The appellant, Mr. Bracken, describes himself as a citizen journalist. When he disagrees with government decisions, he states his opinions, demands answers, and makes use of traditional means of protest, such as marching in the town square. He also video records his protests and interactions, sometimes aggressively questioning people at a proximity they find uncomfortable. He can be confrontational, loud, agitated, and excitable. He is a large man and some people find him intimidating.

[2] The respondent, the Town of Fort Erie, is like all employers, required to take steps to protect the safety of its employees. It has a Workplace Violence Prevention Policy, and a Workplace Violence Committee and Officer. When Mr. Bracken protested outside the Town Hall on June 16, 2014, an employee inside Town Hall who had never seen a protest before was alarmed. She placed the Town Hall under lockdown, and advised the interim Chief Administrative Officer of her fears for her safety and the safety of others.

[3] The CAO gave instructions to call the police, issue a trespass notice, and direct Mr. Bracken to leave. The police attended and directed Mr. Bracken to leave. He refused. He was arrested, handcuffed, and held in the back of a police cruiser for 15 minutes. He was then issued a trespass notice banning him from all Town property for one year, as well as given a provincial offences ticket for failing to leave. He tore up the trespass notice and left the premises without further incident.

[4] As I explain below, the Town’s response to Mr. Bracken’s protest, in expelling him from the premises and issuing the trespass notice, was a violation of his rights under the Canadian Charter of Rights and Freedoms. I would quash the trespass notice.

[5] In what follows, I will set out the events of June 16, 2014, which must be placed in the context of an on-going dispute between Mr. Bracken and the Town of Fort Erie, particularly with its former interim CAO, Richard Brady. I will then address the errors in the reasons of the application judge, which led her to conclude, mistakenly, that Mr. Bracken’s acts of protest were not protected by s. 2(b) of the Charter. This will require an analysis of both s. 2(b) and s. 1 of the Charter. I will not address Mr. Bracken’s claim under s. 7 of the Charter, because it is not necessary for the resolution of this appeal.