Former Canadian soldier's anti-vaccine protest close to 'mutiny,' prosecutor says
A former Canadian soldier who publicly defied the military's COVID-19 vaccine mandate was trying to undermine the federal government while in uniform, a military prosecutor argued Wednesday, describing the behaviour as "very close to the legal definition of mutiny."
James Topp, a 53-year-old former warrant officer, pleaded guilty Tuesday to two counts of conduct to the prejudice of good order and discipline for posting anti-vaccine videos on social media before launching a protest march to Ottawa last year.
In the videos, Topp appeared in the uniform of the Princess Patricia's Canadian Light Infantry, where he had previously served.
The 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.
The former soldier, who faces a maximum penalty of dismissal with disgrace, tearfully described how he contemplated suicide before making the videos in February 2022, after his refusal to get vaccinated put him at odds with the military and earned him a suspension from his civilian job at an RCMP training centre.
Two additional charges related to improperly wearing his uniform were withdrawn by the prosecution after Topp pleaded not guilty to both at the start of the proceedings. However, the prosecution argued Topp's wearing of the uniform constituted an aggravating factor in the remaining charges.
On Wednesday, prosecutor Maj. Ben Richard asked the judge for "a robust sentence" of a severe reprimand and a $5,200 fine.
The prosecutor alleged Topp created the videos opposing Canada's pandemic measures to "undermine his own democratically elected government."
"He deliberately chose to wear the uniform in his videos to gain more publicity" and "as a means to gain leverage against the government," Richard said.
"We are getting very close to the legal definition of mutiny," he added.
'HE WAS STRIPPED OF HIS IDENTITY'
Defence lawyer Phillip Millar countered that Topp's actions showed moral courage, even if his decision-making was misguided at a time of emotional and financial turmoil.
"He was stripped of his identity," Millar told the court. "He was not a bad soldier. He made an error, but for the right reasons."
The defence argued for an absolute discharge with no criminal conviction in the case, saying Topp's three decades of "humble, professional" military service should not be erased by a pair of social media posts.
"His motives were good even if his decision to wear a uniform that day was not," Millar said.
Topp testified that he was "concerned with the safety" of the vaccines. "It seemed it was something that was being done in a state of fear and very hastily," he told the court.
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."
Warrant officer James Topp leaves the Royal Westminster Regiment during an adjournment during his court martial in New Westminster, on Tuesday, Nov. 14, 2023. THE CANADIAN PRESS/Ethan Cairns
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.
Judge Catherine Julie Deschenes 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.
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.
Topp, who was released from the military earlier this year, joined the regular forces in 1990, deploying to Bosnia, Macedonia and Afghanistan, before transferring to the army reserves in 2019.
The judge is expected to deliver her sentence in the case on Thursday.
CTVNews.ca Top Stories
From AI running wild to collapsing ecosystems, government report outlines future disruptions
From artificial intelligence running wild to collapsing ecosystems, a new Canadian government report outlines 35 disruptions that could rattle the country in the near future.
B.C. serial killer Robert Pickton hospitalized after prison attack
British Columbia serial killer Robert Pickton was attacked and sustained life-threatening injuries in a Quebec prison Sunday in what officials described as a 'major assault.'
opinion Tom Mulcair: With Trudeau spiralling, Mark Carney waits in the wings
In his latest column for CTVNews.ca, former NDP leader Tom Mulcair argues that if there's an unofficial frontrunner in the eventual race to replace Justin Trudeau as Liberal leader, it has to be former Bank of Canada governor Mark Carney.
Toronto Blue Jays fan struck by 110 m.p.h foul ball offered tickets, signed baseball by team
The Toronto Blue Jays have offered tickets and a signed baseball to a fan who says she was struck in the face by a 110 m.p.h (177 km/h) foul ball at Friday’s game.
Matthew Perry's death is being investigated over ketamine level found in actor's blood, reports say
An investigation has been opened into the death of Matthew Perry and how the “Friends” actor received the anesthetic ketamine, which was ruled a contributing factor in his death.
OPP continues to investigate boat collision north of Kingston, Ont. that left 3 people dead
Ontario Provincial Police continue to investigate a long weekend fatal boat collision on Bobs Lake, north of Kingston, Ont.
Police in Ontario say suspects charged in armed home invasion near Toronto part of 'larger criminal network'
Police in Ontario say a group of suspects charged in an armed home invasion north of Toronto last year were driving a vehicle stolen in a carjacking in Calgary just one month earlier.
Stolen septic truck swerves through traffic, spike belt needed to stop it: Manitoba RCMP
A 29-year-old woman has been charged after police say she stole a septic truck from a Manitoba community and drove erratically on the highway.
Orphan orca's extended family spotted off northeast side of Vancouver Island
Members of a killer whale pod related to an orphan orca calf that escaped a remote British Columbia tidal lagoon last month have been spotted off the northeast coast of Vancouver Island.