Former Canadian soldier fined $4K, given severe reprimand for anti-vax videos
A former Canadian soldier and veteran of the wars in Bosnia and Afghanistan was fined $4,000 and given a severe reprimand Thursday for publicly defying the COVID-19 vaccine mandate for Armed Forces members.
James Topp, a 53-year-old former warrant officer, pleaded guilty on Tuesday to two counts of conduct to the prejudice of good order and discipline for posting two videos on social media in which he criticized the military's vaccine requirements while in uniform.
The Hope, B.C., resident went on to lead a months-long march from Vancouver to Ottawa, and became a symbol for Canadians opposed to vaccine requirements and perceived government overreach.
Military prosecutor Maj. Ben Richard argued Topp's actions came "very close to the legal definition of mutiny," and could have triggered protests reminiscent of the attack on the United States Capitol in January 2021.
He accused the former soldier of trying to undermine the federal government when he made the videos in February 2022, and asked the military judge for "a robust sentence" of a severe reprimand and a $5,200 fine.
"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," he said.
Defence lawyer Phillip Millar countered Topp should be granted either an absolute discharge from the military or a minimal fine, saying his client's decision-making was misguided by emotional and financial turmoil when he appeared in the videos.
"He was not a bad soldier," Millar told the court. "He made an error, but for the right reasons."
Topp, who transferred from the regular forces to the army reserves in 2019, will not have a criminal record as a result of the sentence, something Judge Catherine Julie Deschenes said would allow him to maintain his employment as a facilities manager with the RCMP.
James Topp speaks to the crowd during a protest against COVID-19 health measures at the National War Memorial in Ottawa, Ont., on Thursday, June 30, 2022. Topp, a Canadian reservist, has pleaded guilty to two counts of conduct to the prejudice of good order and discipline in relation to videos posted on social media criticizing COVID-19 vaccine requirements for military personnel. THE CANADIAN PRESS/Spencer Colby
The court heard that Topp had attended briefings about the COVID-19 pandemic and the military's vaccine policy but he refused to attest to his own vaccine status.
Topp had testified that he contemplated ending his life before making the videos, saying his refusal to get vaccinated had not only put him at odds with the military but had earned him a suspension from his job at an RCMP training centre.
When Topp's reserve unit was called to assist with the November 2021 flooding in Hope, B.C., his vaccine status prevented him from joining the disaster response, he said.
"I got to a point where I did not want to live anymore," Topp said. "So I thought about it and in February I decided I needed to do something, so I did."
The former soldier claimed he was not seeking attention or trying to spearhead a movement when he made the videos. He said he donned his uniform from the Princess Patricia's Canadian Light Infantry because the unit "contributed to the type of person that I am."
Eva Kouwenhoven testified on her brother's behalf, saying she felt the army "abandoned" Topp, and that he was "backed into a corner," over his vaccine refusal.
The start of the "Freedom Convoy" to Ottawa in January 2022 lit a "spark" in her brother and inspired him to march to the capital the following summer to call for an end to the vaccine mandate and the reinstatement of employees who lost their jobs for refusing to be immunized, she said.
In October 2022, the Canadian Armed Forces suspended its requirement that all uniformed personnel be fully vaccinated against COVID-19.
The new directive instead requires proof of vaccination for certain roles and responsibilities, including high-readiness units and those in remote regions where access to medical care is limited.
CTVNews.ca Top Stories
![](https://www.ctvnews.ca/polopoly_fs/1.6978861.1722008569!/httpImage/image.jpg_gen/derivatives/landscape_800/image.jpg)
At least 4 buildings burned at Jasper Park Lodge, others damaged: Fairmont memo
The Fairmont Jasper Park Lodge said Thursday afternoon most of its structures are 'standing and intact,' including its iconic main lodge.
Major Canadian bank experiences direct deposit outage on payday
Scotiabank says it has fixed a technical issue that impacted direct deposits on Friday morning.
'He was just gone': Police ramp up search for vulnerable 3-year-old boy in Mississauga, Ont.
Police in Mississauga are conducting a full-scale search of the city’s biggest park for a non-verbal toddler who went missing Thursday evening. Sgt. Jennifer Trimble told reporters Friday morning that there has been no trace of three-year-old Zaid Abdullah since 6:20 p.m., when he was last seen with his parents in Erindale Park, near Dundas Street West and Mississauga Road.
Sask. appeal court says anti-trans group cannot join constitutional dispute over pronoun law
Saskatchewan’s Court of Appeal has denied a political group that opposes so-called “gender ideology” intervener status in a legal dispute over the province’s controversial pronoun law.
Driver charged after flashing high beams at approaching police
Orillia OPP arrested and charged a driver with impaired driving after flashing their high beams.
Powerful cartel leader 'El Mayo' Zambada was lured onto airplane before arrest in U.S., AP source says
A powerful Mexican drug cartel leader who eluded authorities for decades was duped into flying into the U.S., where he was arrested alongside a son of Joaquin "El Chapo" Guzman, according to a U.S. law enforcement official familiar with the matter.
Elon Musk's estranged daughter calls out his 'entirely fake' claims about her childhood
Vivian Jenna Wilson, Elon Musk's estranged daughter, publicly refuted several recent anti-trans statements her Tesla CEO and X owner father has made about her.
What we know about 'malicious' attack on French train network ahead of Olympics opening
French transport was thrust into chaos Friday just hours ahead of the Olympics 2024 opening ceremony after a series of co-ordinated 'malicious acts' upended high-speed train lines.Here's what happened and what we know so far.
When Barbie learned what a gynecologist was, so did many other people, according to new study
A new study published Thursday in the journal JAMA Network Open has found that the ending in the 2023 blockbuster film 'Barbie' had an influence on online search interest in terms around gynecology, the branch of medicine that deals with women’s reproductive health.