Trudeau won’t have to testify at trial of man accused of throwing gravel during London, Ont., campaign stop

Prime Minister Justin Trudeau won’t have to testify at the trial of a man accused of throwing gravel at the Liberal leader during an election campaign stop in London, Ont., in 2021, a judge has ruled.

The decision by Ontario Superior Court Justice Ian Leach may be challenged by lawyers for Shane Marshall of St. Thomas as his trial is set to start Tuesday.

Marshall, a former People’s Party of Canada riding association president, is charged with assault with a weapon after someone threw gravel during the Liberal Party campaign event on Sept. 6, 2021, two weeks before the federal election that saw Trudeau form another minority government. 

Marshall’s lawyers wanted to subpoena Trudeau because he made comments to reporters in the hours and days after the alleged incident, said Phil Millar, one of Marshall’s legal counsel.

“The prime minister won’t be compelled to attend the trial tomorrow [Tuesday]. In the criminal system, there’s no appealing an order that the judge has made,” Millar said. “What it does do, potentially, is trigger a charter argument for our client to say that this is unfair.” 

As a member of Parliament, Trudeau has legal immunity in the form of parliamentary privilege, meaning he is protected against civil or criminal liability for statements made in the course of his legislative duties. 

In this case, not compelling the prime minister to testify limits his client’s right to a fair trial, Millar said. The arguments in court were made by Millar’s associate, Luke Reidy.

Lawyer Fredrick Schumann argued successfully on behalf of Trudeau for the subpoena to be quashed. 

“They charged my client with assaulting the prime minister with a weapon. They specified the prime minister, and we would like to explore the narrative around what happened,” Millar said. 

“In any other situation with any other person who is not a political figure, that person would be a witness, but the Crown chose not to call [Trudeau],” he said. “Any citizen should have the right to ask questions of the person who is involved in an allegation.” 

Millar said he will likely ask for an adjournment of the start of the trial Tuesday to prepare a charter argument. 

CBC London has emailed the Prime Minister’s Office for comment and will update this story with any response.