'Such anti-democratic conduct must stop,' judge says in giving man house arrest for threatening Justin Trudeau

A Kitchener, Ont., man who pleaded guilty to uttering a threat against Prime Minister Justin Trudeau during a 2021 federal election campaign stop was sentenced Thursday to a two-month conditional sentence, one-year probation and 100 community service hours.

Thomas Dyer, 32, was spotted at the Aug. 29, 2021, event near Cambridge, Ont., holding a poster portraying a hangman leading the Liberal leader to a noose, court documents show, suggesting he also "expressed violent, anti-government thoughts." The federal election campaign event was delayed as a result of the protest.

Dyer was later charged with uttering a threat to cause death, which he pleaded guilty to, and uttering a threat to cause bodily harm, which was withdrawn following Thursday's sentencing in Kitchener. 

Stronger sentence

During sentencing, Judge Craig Parry of the Ontario Court of Justice delivered a harsher sentence than was requested by the Crown, partly to help send a message to the offender and members of the public. Parry noted that people in Canada have a constitutional right to gather and express political views and displeasure with the government, but they do not have the right to threaten the lives of aspiring and current politicians.

Crown attorney Benjamin Schnell initially sought a $2,000 fine and an 18-month probation period, referencing cases in which similar conduct was assessed. Dyer's lawyer, Nicolas Wansbutter, requested that instead of a fine, the judge consider community service, as it would be "more meaningful."

Both the Crown and defence agreed jail time was not necessary. 

However, Parry described the Crown's proposal as "too lenient," saying it did not sufficiently send the necessary message to the general public. 

Parry referenced Dyer's declaration that he was practising his democratic right to free speech, but said his conduct exceeded "by leaps and bounds" his rights of freedom of speech and assembly. 

'Unlawful protest will not be tolerated'

Parry said because the prime minister's event had to be delayed, Dyer also threatened the rights of others.

"He risked obstructing an essential component of the electoral system and threatened the life of a human who was head of state … In my view, this court bears the obligation to express in unambiguous terms that violence and unlawful protest will not be tolerated," said Parry, noting the political party and affiliation of the person being threatened does not matter.

"The court must denounce such conduct and deter others from emulating such conduct," the judge added. "Such-anti democratic conduct must stop.

"As the aphorism goes: Each person's right to swing a fist must end at the tip of a person's nose. If that is ignored, we descend into anarchy and out of this comes authoritarianism."

Parry said this sort of threat has the potential to interfere with a crucial part of electoral politics, which could impact democracy. 

"It would suggest to me that the facts in this case fall on a more serious end of the spectrum and it's particularly concerning in light of the populist sentiments that seem to be sweeping the globe," said Parry. He later clarified that "populism as a political concept is not an offence in of itself, but rather the violent ways it sometimes manifests itself."

Sentence terms

Wansbutter said even though Dyer already had a criminal record of violence, 10 years had passed since the last offence, and he was undertaking anger management initiatives and counselling. He also provides for a family of 10 and financially suffered during the pandemic over loss of employment. 

Wansbutter also mentioned the challenges Dyer faced, including a severe motor vehicle accident in 2005 that left him with a post-traumatic brain injury. Wansbutter said this led to Dyer's struggle with substance abuse, impulse control and anger issues. 

Parry acknowledged this during Thursday's sentencing and accepted that Dyer was working to improve his behaviour. 

Through his conditional sentence, Dyer must comply with many terms, including:

• Prohibited from possessing any weapons.
• Must keep peace and good behaviour.
• Must remain in Ontario.
• Must remain at his home address and property unless going out to school, appointments, work or religious services, as some examples. 

The one-year probation period after his two-month restrictive sentence includes 100 community service hours. 

Parry reiterated that if Dyer breaches his terms, he could face jail time. 

"This sentence involves a message sent to not only you, but [the] public at large as to how they conduct any form of protest," Parry told Dyer.