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
Spectacular aurora light show to be seen across Canada Friday night
A rare and severe solar storm is expected to bring spectacular displays of the northern lights, also known as aurora borealis, across much of Canada and parts of the United States on Friday night.
Town of Fort Nelson, B.C., ordered to evacuate due to wildfire
The entire town of Fort Nelson, B.C., as well as the nearby Fort Nelson First Nation, has been ordered to evacuate due to an out-of-control wildfire.
Bouchard lifts Edmonton Oilers to 4-3 overtime win over Canucks in Game 2
Evan Bouchard scored 5:38 into overtime and the Edmonton Oilers bounced back for a 4-3 win over the Vancouver Canucks in the second round of the Stanley Cup playoffs on Friday.
McGill University seeks emergency injunction to dismantle pro-Palestinian encampment
McGill University has filed a request for an injunction to have the pro-Palestinian encampment removed from its campus.
Which Canadian cities have the highest and lowest grocery prices?
Where you live plays a big factor in what you pay at the grocery store. And while it's no secret the same item may have a different price depending on the store, city or province, we wanted to see just how big the differences are, and why.
Swarm of 20,000 bees gather around woman’s car west of Toronto
A swarm of roughly 20,000 bees gathered around a woman’s car in the parking lot of Burlington Centre.
Video shows naked raccoon catching B.C. family by surprise
When Marvin Henschel spotted a strange and hairless creature wandering through a front lawn in B.C.'s Lower Mainland, he could barely believe his eyes.
Barron Trump declines to serve as an RNC delegate
Former U.S. President Donald Trump's youngest son, Barron Trump, has declined to serve as a delegate at this summer’s Republican National Convention, according to a senior Trump campaign adviser and a statement from Melania Trump's office.
Out-of-control wildfire prompts evacuation alert for Fort McMurray, Saprae Creek Estates Friday night
An evacuation alert was issued for two Wood Buffalo communities Friday night, as crews battled an out-of-control wildfire near Fort McMurray.