Crown wants four to six months in jail for protester convicted of assault at Brock
A Fort Erie man found guilty of assault causing bodily harm after a protest at Brock University turned violent will wait another month for his sentence.
Fred Bracken, 40, appeared in an Ontario Court of Justice courtroom for a sentencing hearing Wednesday and asked the judge for an adjournment so he can obtain a pre-sentencing report and get his affairs in order. Judge Peter T. Bishop adjourned the hearing until Sept 25.
“I am a lone wolf in the community,” said Bracken, who told the court while explaining why he needed time visit the doctor and find someone to board his cats. “I am basically isolated.”
Crown attorney Jeffrey Levy told the judge he had no objections to the report or giving Bracken time to arrange his affairs.
Levy asked the judge for a sentence between four and six months to be followed by three years of probation. The probation order would keep Bracken away from Brock University, the victim and witnesses.
“The assault was a clear overreaction that calls for a jail sentence,” Levy said.
Levy cited Bracken’s lack of remorse as well as a criminal record that includes two firearms convictions and a drug possession conviction.
Bracken served a 2½-year penitentiary sentence for those offences about a decade ago.
Levy also asked the judge to include a ban on protesting as part of the probation.
Bracken objected to the protesting ban as an infringement on his charter rights.
“Just because the Crown asks for it doesn’t mean I am going to grant it,” Bishop assured Bracken. “The final decision is up to the court, which is me.”
Bracken was found guilty Monday in relation to a November 2016 incident in which a group of people gathered near Brock’s international centre on Glenridge Avenue in response to Bracken holding a sign that read: “Trump was right: F—k China. F—k Mexico.”
The victim, a Brock student, approached Bracken and grabbed the sign. Bracken punched the student in the head causing him to fall to the ground. While on the ground, Bracken punched the student several more times and kicked him in the head. The incident was captured on video that was used as evidence.
Bracken Wednesday asked the judge to consider an intermittent sentence, before wondering if he was eligible for a conditional discharge.
Bracken also objected to Levy telling the judge that Brock students shouldn’t have to deal with the contents of his protest sign.
Bracken told the judge an appeal to Ontario’s top court settled any issues with the sign. The court ruled the ability to protest publicly — and use vulgar language — is an essential part of the democratic process and disruptive by its very nature.
Bracken launched his appeal after an incident in Niagara Falls in summer 2016 when he was told by Niagara Parks Police his sign was offensive and his protest disturbed visitors. Parks police served him with a trespass notice. The court overturned the notice on appeal.