Reserve lieutenant James Top recently assisted truck driver Freedom Convoy in the media as he continues his journey from Vancouver to Ottawa to protest government-imposed COVID-19 vaccination requirements. It was reported that he was facing accusations from the Canadian Army.
Still, the indictment took place in February, about three months ago, and Topp feels forced to clarify its implications.
“I have been charged. I have not been imprisoned. It has nothing to do with criminal law. This is a military law under the Defense Law,” he said. “So I think it’s important for people to understand that I haven’t put a criminal accusation on hold. It’s inside the Ministry of Defense (DND).”
Topp had many posts video Online criticizes the federal government’s policy of requiring employees to be vaccinated with COVID-19 as a term of employment.
With one videoHe appeared in uniform, said he wore it without the permission of his chain of command, and at the same time said he was ready to suffer the consequences.
Currently traveling north of Ontario towards Thunder Bay, Topp has completed more than half of its 4,293km trek on foot in less than three months. His clothing store had to stop taking orders to keep up with the demand for his clothing.And he is working to change the mindset of his protest Canada marchAfter growing support for his cause, he became a non-profit organization.
Face expulsion
Topp’s lawyer, Phillip Millar, is a former Canadian soldier. Miller represents an individual seeking a lawyer on behalf of about 20 Canadian military personnel currently facing expulsion from the Canadian Armed Forces (CAF) for refusing to certify the status or status of COVID-19 vaccination. The number of is increasing.
He says the federal government has illegally chosen to enforce a compulsory COVID-19 vaccine edict on the military, forcing several members to face release.
“What I believe happened is that the Liberal Party government had this policy. [in the military] Get vaccinated or kick you out as a way to influence public opinion. And they do it in a way that tramples on the rights of soldiers, sailors, and airmen, “he told The Epoch Times.
“I think what’s happening in the Canadian Army is politics. They use soldiers as guinea pigs to influence policy.”
In a statement submitted to the Epoch Times, DND and CAF stated that “all members of the Canadian Army are kept at the highest standards, both in uniform and when not working.” I am.
“CAF members must remain fair when communicating publicly and are not allowed to express their personal views when wearing uniforms. Cases, expert shortcomings, Or in the event of a special situation, we will take the necessary steps to determine the most appropriate course of action to take. “
There is no right to act as a lawyer
The statement said the DND and CAF “know 13 individuals investigated or investigated to support the Free Convoy.” Of the six proceedings that have been completed and six are still in progress, only Topp and AvrMac Pherson have been indicted so far.
both Charged under National Defense Law Article 129, “Action against prejudice of order and discipline,” the statement said. In the case of McPherson, the investigation resulted in a summary hearing under Section 129, convicted of a single offense and fined $ 500. In the case of Topp, the statement stated that the investigation led to two accusations under that section.
The top said he was given the option Summary hearing Or a court martial. He chose the court martial. But “it was something they didn’t want to entertain. Therefore, they dismissed the charges. They dismissed the charges and resubmitted the charges without the ability to elect a court martial,” he said. ..
Mr Miller said DND retried the indictment as a strategy to prevent him from representing the top in the trial.
Military disciplinary action Service discipline code, Part of the National Defense Law. According to the government’s website, the summary trial deals with relatively minor service breaches and aims to enable military personnel to return to service quickly. The procedure for a summary hearing is less formal than the procedure for a court martial and there is no right to be represented by a lawyer.
The court martial, on the other hand, is a formal court martial involving military judges, allowing defendants to be represented by lawyers.
Millar added that he believes that the only scenario in which DND can attempt to win is to prosecute Topp and other soldiers in section 129 rather than refusing to take the vaccine covered in section 126. I did.
under Section 126 “Anyone who has been vaccinated, re-vaccinated, vaccinated, re-vaccinated … It is a crime to not obey the order intentionally and without reasonable reason.”
“But they don’t want it, so they don’t charge people for it [hold] We will strengthen the system with a bunch of court martial, “Miller said. “If they had a strong claim to it, charge him and do it. But they are deliberately trying to keep it away from their own military legal system. [by removing the court martial option].. “
“More people who give us support”
Topp says he remains stoic and unwavering in the new scrutiny he is undergoing and is determined to go to Ottawa and let Congressmen hear his voice.
“From the beginning to the present, we have a pretty good routine and the team is well organized,” said the top. “In the end, it was a positive experience that more people were able to support us and reach out to us.”
But he added, “This is actually old news, it’s important to clarify that you were charged in February, and I’m a citizen, so it’s hard to go a lot.”
After working for the CAF for 28 years, Topp was told that he would need to be fully vaccinated against COVID-19 in order to remain in the army as a reserve force. He chose not to use the vaccine, so he is in the process of being released by the CAF. He will begin his march at Terry Fox Plaza in Vancouver on February 20th and will arrive at the Tomb of the Unknown Soldier in Ottawa by mid-June.
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Jeff Sandes is a freelance contributor to the Epoch Times based in the Vancouver area.