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Two additional charges related to improperly wearing his uniform were withdrawn by the prosecution after Topp pleaded not guilty to both at the start of the proceedings.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
Former homicide detective explains how police will investigate shooting outside Drake's Bridle Path mansion
Footage from dozens of security cameras in the area of Drake’s Bridle Path mansion could be the key to identifying the suspect responsible for shooting and seriously injuring a security guard outside the rapper’s sprawling home early Tuesday morning, a former Toronto homicide detective says.
RCMP not investigating possible foreign interference cases related to Chiu, Dong: Duheme
Canada's federal police force is not investigating any possible instances of foreign interference in the cases of former Conservative MP Kenny Chiu and Liberal-turned-Independent MP Han Dong, RCMP Commissioner Mike Duheme says.
Stormy Daniels describes meeting Trump during occasionally graphic testimony in hush money trial
Stormy Daniels took the witness stand Tuesday at Donald Trump's hush money trial, describing for jurors a sexual encounter the porn actor says she had with him in 2006 that resulted in her being paid off to keep silent during the presidential race 10 years later.
Bye-bye bag fee: Calgary repeals single-use bylaw
A Calgary bylaw requiring businesses to charge a minimum bag fee and only provide single-use items when requested has officially been tossed.
Air France flight from Paris to Seattle lands in Iqaluit after heat smell in cabin
A plane travelling from Paris to Seattle was forced to make an emergency landing in Iqaluit after there was a heat smell in the cabin during the flight.
CFL suspends Argos QB Chad Kelly at least nine games following investigation
The CFL suspended Toronto Argonauts quarterback Chad Kelly for at least nine regular-season games Tuesday following its investigation into a lawsuit filed by a former strength-and-conditioning coach against both the player and club.
Boy Scouts of America changing name for first time in 114 years, aiming for inclusivity
The Boy Scouts of America is changing its name for the first time in its 114-year history and will become Scouting America. It's a significant shift as the organization emerges from bankruptcy following a flood of sexual abuse claims and seeks to focus on inclusion.
Federal government grants B.C.'s request to recriminalize hard drugs in public spaces
The federal government is granting British Columbia's request to recriminalize hard drugs in public spaces, nearly two weeks after the province asked to end its pilot project early over concerns of public drug use.
opinion Tom Mulcair: Trudeau's handling of Poilievre's 'wacko' House turfing a clear sign of Liberal desperation
When Speaker Greg Fergus tossed out Pierre Poilievre from the House last week, "those of us who have experience as parliamentarians simply couldn't believe our eyes," writes former NDP leader Tom Mulcair in his column for CTVNews.ca