City of Kelowna wins court battle to proceed with injunction against COVID rallies
Justice Cathaline Hardwick ruled the petition is not barred by anti-SLAPP law, leaving the city free to pursue an injunction against the rallies.
- On Thursday, May 7, a B.C. Supreme Court judge cleared the way for the City of Kelowna to continue its legal effort to stop the long-running 'Freedom Rallies' at Stuart Park, dismissing organizer David Lindsay's attempt to throw out the petition.
- After three years of 'Freedom Rallies,' the City of Kelowna filed a petition claiming the events were 'unlawful events' that violated bylaws, created a nuisance, and interfered with park enjoyment by other residents.
- Seeking dismissal, Lindsay and Lloyd Manchester argued under the Protection of Public Participation Act that the city's legal action was a strategic lawsuit intended to 'quell speech that is in the public interest.'
- Justice Hardwick ruled the injunction petition does not 'arise from an expression,' meaning it is not subject to dismissal under the PPPA; the city's legal challenge constitutes bylaw enforcement rather than speech suppression.
- Legal proceedings will continue on the merits following the dismissal application rejection, though it remains unclear when the final resolution will occur or when the last rally took place.
12 Articles
12 Articles
Kelowna can proceed with case against ‘Freedom Rally’ protester - Creston Valley Advance
A B.C. Supreme Court judge has cleared the way for the City of Kelowna to continue its legal effort to stop the long-running “Freedom Rally” protests at Stuart Park after dismissing an application by organizer David Lindsay seeking to have the city’s petition thrown out. In a decision by Justice Cathaline Hardwick released on May 7, the city won its case against Lindsay, meaning it can continue to pursue the petition on its merits. Since the COV…
Kelowna can proceed with case against ‘Freedom Rally’ protester - Grand Forks Gazette
A B.C. Supreme Court judge has cleared the way for the City of Kelowna to continue its legal effort to stop the long-running “Freedom Rally” protests at Stuart Park after dismissing an application by organizer David Lindsay seeking to have the city’s petition thrown out. In a decision by Justice Cathaline Hardwick released on May 7, the city won its case against Lindsay, meaning it can continue to pursue the petition on its merits. Since the COV…
Kelowna can proceed with case against ‘Freedom Rally’ protester - Northern Sentinel
A B.C. Supreme Court judge has cleared the way for the City of Kelowna to continue its legal effort to stop the long-running “Freedom Rally” protests at Stuart Park after dismissing an application by organizer David Lindsay seeking to have the city’s petition thrown out. In a decision by Justice Cathaline Hardwick released on May 7, the city won its case against Lindsay, meaning it can continue to pursue the petition on its merits. Since the COV…
Kelowna can proceed with case against ‘Freedom Rally’ protester
A B.C. Supreme Court judge has cleared the way for the City of Kelowna to continue its legal effort to stop the long-running “Freedom Rally” protests at Stuart Park after dismissing an application by organizer David Lindsay seeking to have the city’s petition thrown out. In a decision by Justice Cathaline Hardwick released on May 7, the city won its case against Lindsay, meaning it can continue to pursue the petition on its merits. Since the COV…
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