Anti-vax soldier’s actions were close to ‘mutiny,’ B.C. court martial hears | 24CA News
A reservist’s struggle towards Canada’s COVID-19 vaccine mandate for members of the Armed Forces got here near mutiny and will have spurred protests just like the storming of the United States Capitol in January 2021, a courtroom martial in British Columbia heard Wednesday.
Warrant Officer James Topp, a former soldier with greater than 30 years of service for Canada, together with a number of deployments to Croatia, Afghanistan and different battle zones, ought to face extreme punishment for utilizing his army rank and uniform to publicly problem the Armed Forces’ COVID-19 vaccine mandates, prosecutor Major Ben Richard advised the courtroom martial.
“We call on this court to order a robust sentence,” mentioned Richard. “This is a case about an experienced and seasoned warrant officer leveraging his rank and uniform to publicly challenge his chain of command and his democratically elected government.”
Topp, 52, who refused to be vaccinated, is anticipated to be sentenced Thursday.
He pleaded responsible on Tuesday to 2 costs of conduct to the unfairness of fine order and self-discipline in relation to 2 movies he posted to social media whereas in army uniform, criticizing the pandemic vaccine necessities for army personnel.
Topp faces a most punishment of dismissal with shame, however his lawyer, Phillip Millar, mentioned his consumer needs to be granted an absolute discharge from the army or the “lowest fine possible.”
“I understand there’s pressure to make an example of this man from the (reserve) unit, from the Canadian Armed Forces,” mentioned Millar. “My job is to bring some compassion to the table and understanding of context. If I fail to convince you of the suitability of an absolute discharge, I would ask you to give Warrant Topp the lowest fine possible.”
Topp testified he was near committing suicide in November 2021 after being suspended with pay from his federal public service job with the RCMP whereas he was dealing with costs for his anti-vaccine stance from his reserve unit, the Royal Westminster Regiment in New Westminster, B.C.
He mentioned he determined he would publicly converse out towards the vaccine mandates, culminating within the posting of two movies on social media and endeavor a months-long march to Ottawa.
Richard mentioned all members of the Canadian Armed Forces are duty-bound to observe orders until they’re “manifestly unlawful.”
“That is the legal standard all CAF members are expected to know,” he mentioned. “There’s no room for interpretation. The CAF is about more than one person’s personal views. The CAF is about putting country before self. It is about serving Canada in times of crisis, which the COVID-19 pandemic definitely was.”
Richard mentioned Topp’s calls to forces members and the general public to hitch his protests towards COVID-19 vaccines have been “getting very close to the legal definition of a mutiny.”
He requested the courtroom martial to contemplate the opportunity of Topp convincing members of the army to assist his defiance, saying the outcome might have been just like the assault by protesters on the U.S. Capitol on Jan. 6, 2021.
Richard rejected ideas that Topp’s courtroom marital was in regards to the challenge of free speech.
Topp was free to protest as a civilian citizen, however not as a forces member sporting army uniform, mentioned Richard.
“He knew what he was doing would bring significant consequences and he was ready to face them,” he mentioned. “An absolute discharge is not a consequence.”
Millar mentioned Topp admitted he made movies, questioned insurance policies and inspired individuals to protest, however he additionally got here to symbolize the issues of numerous Canadians who have been annoyed in regards to the vaccine mandates.
“There’s context that can be factored into this particular scenario because I think Warrant Topp is a very unique individual,” mentioned Millar. “And that time was a very unique time.”
It was “kind of offensive” to check Topp’s anti-vaccine protests with “the anger and vitriol and the lack of thoughtfulness,” of the Jan. 6 U.S. protests, he mentioned.
© 2023 The Canadian Press
