Stand with John Carpay of the JCCF - Oppose the politicisation of criminal law.

The Issue

We, the undersigned, express our deep concern about the recent charges against Justice Centre President John Carpay on allegations of obstruction of justice. There should be a full investigation into the circumstances that led to the charges and to the manner of his arrest.  Mr. Carpay was held in jail for 23 hours in an isolated cell on New Year's Eve without a cot, mattress, blanket, or even a pillow.

It is our understanding that the arrest stems from Mr. Carpay's decision in 2021 to hire an investigator to investigate reports that key members of Manitoba's leadership, including Chief Justice Joyal, were breaching public health regulations.

We fail to see how hiring a private investigator to check into whether anyone - including a judge - is breaching public health regulations is in itself obstruction of justice. Nonetheless, Mr.  Carpay has apologized to Chief Justice Joyal without reservation for having included him in the surveillance of other government officials.

Even if one may consider surveillance of Chief Justice Joyal to be inappropriate, it is clearly not criminal. Nor does it amount in any way to obstruction of justice.

We are profoundly troubled by the harm to the integrity of administration of justice in Canada by the appearance that the charges against Mr. Carpay may have been politically motivated.  The charges appear to be intended to intimidate legal system participants and deter them from their advocacy in politically sensitive cases. The chilling effect thus created also impacts access to justice in Canada.

A democratic society is not created merely by a formal set of rules.  It requires a culture of respect for those whose opinions are at odds with those of government. Criminally charging and holding Mr Carpay in an isolated cell on New Year's Eve for trying to prove a point in an unusual manner clearly runs afoul of that.

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The Issue

We, the undersigned, express our deep concern about the recent charges against Justice Centre President John Carpay on allegations of obstruction of justice. There should be a full investigation into the circumstances that led to the charges and to the manner of his arrest.  Mr. Carpay was held in jail for 23 hours in an isolated cell on New Year's Eve without a cot, mattress, blanket, or even a pillow.

It is our understanding that the arrest stems from Mr. Carpay's decision in 2021 to hire an investigator to investigate reports that key members of Manitoba's leadership, including Chief Justice Joyal, were breaching public health regulations.

We fail to see how hiring a private investigator to check into whether anyone - including a judge - is breaching public health regulations is in itself obstruction of justice. Nonetheless, Mr.  Carpay has apologized to Chief Justice Joyal without reservation for having included him in the surveillance of other government officials.

Even if one may consider surveillance of Chief Justice Joyal to be inappropriate, it is clearly not criminal. Nor does it amount in any way to obstruction of justice.

We are profoundly troubled by the harm to the integrity of administration of justice in Canada by the appearance that the charges against Mr. Carpay may have been politically motivated.  The charges appear to be intended to intimidate legal system participants and deter them from their advocacy in politically sensitive cases. The chilling effect thus created also impacts access to justice in Canada.

A democratic society is not created merely by a formal set of rules.  It requires a culture of respect for those whose opinions are at odds with those of government. Criminally charging and holding Mr Carpay in an isolated cell on New Year's Eve for trying to prove a point in an unusual manner clearly runs afoul of that.

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