Bubba Pollock finds out next month if his confrontation with two men and their children at a drag queen story time will add to his criminal record.
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Already in hot water for taking a selfie in a Windsor palliative care unit to spite a critic, Bubba Pollock finds out next month if his confrontation with two men and their children at a drag queen story time will add to his criminal record.
Pollock, 35, pleaded not guilty to criminal harassment at his Ontario Court trial in London for a brief mid-day interaction he had with two men and their children in the parking lot behind the Parkhill public library on April 29, 2023.
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The library hosted a drag queen story time that drew both protestors and counter protestors and a large police presence. But Pollock’s charges stem from a brief interaction in a parking lot behind the library with two men and their children who were going into the event.
On Wednesday, the Crown and the defence made their closing arguments to Justice George Orsini, who said he will return with a decision on Sept. 24.
Orsini heard Pollock and an unidentified man, who wore a face mask, showed up in a car and got out with a sign that read Kill pedophiles.
The men, whose identities are protected by court order, said they waited inside their vehicle, hoping Pollock and his buddy would join the other protesters. When they got out to unload boxes for the event and go inside, Pollock approached them, calling them “pedos” and “groomers,” an exchange that continued while the men and their kids made their way to the library door.
The men testified Pollock got in the face of one of the men and blocked their way to the door. Pollock pulled out his cellphone and held it to the face of one man, and then claimed he could be able to track down their address through their licence plate.
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One of the men said he bumped into Pollock while trying to get around them, an issue challenged by Pollock’s defence lawyer Laura Ellis who suggested the man, not Pollock, had initiated the physical confrontation.
In his closing argument, assistant Crown attorney Shane Wright said Orsini shouldn’t have any hesitation convicting Pollock for his actions that were intimidating and caused enormous fear.
He pointed to the testimony of one of the men who said he was “fearful for his personal safety as well as psychological and emotional wellbeing for himself and his kids.”
The man testified he had to console his children once he got inside the library “telling them they were safe and the man couldn’t hurt them.”
Wright called Pollock’s behaviour “inherently threatening.” He said the children were aware what pedophile meant and that their parents were being accused of being pedophiles.
“He said he didn’t want his children to see his parents getting attacked. He didn’t want them to have their security threatened,” Wright said.
“We see that the complainants were extremely concerned for their own personal safety and well-being of their children.”
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But Ellis argued there were significant inconsistencies in the testimonies of the men, going so far as to call out “lies” in their recounting of the events.
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She pointed out neither of the men went to the police who were keeping the peace at the event. When they did report a couple days later, one of the men told the police he wasn’t fearful of Pollock.
“This actually has to cause fear in order to be harassment to a criminal standard and that fear has to be reasonable,” she said.
“The truth is, he wasn’t afraid, he was annoyed. He wanted Mr. Pollock to be prevented from future protests. The accused has a right to protest and the complainant’s concern that he is going to attend future protests isn’t sufficient to grant a harassment charge.”
Ellis invited Orsini to review the video evidence presented in court she said shows the men weren’t intimidated and it was one of the men who initiated any physical contact.
“Although Mr. Pollock’s words on this day were obviously offensive, the fact that he acted rudely does not mean his actions rise to a criminal standard,” she said.
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“He had a right to protest. Although many of us in this room, I’m sure, don’t agree with his political stance, he has a right to his opinion and he has the right to protest if he chooses to do so.”
Protests can become heated and “being a jerk” isn’t a criminal offence, Ellis said. “Your honour should be cautious about a dangerous precedent being set here by criminalizing yelling at someone at a protest.…The reasonable fear is the key here and it simply is not present,” she said.
While Orsini will return with a verdict later in September, Pollock is expected to be sentenced Sept. 4 in Windsor after pleading guilty in January to criminal harassment involving his bizarre stunt at a Windsor hospital to intimidate a supporter of the local Pride community.
Pollock admitted driving two hours from London to Windsor in June 2023, and taking a photo of himself visiting the terminally ill father of Britt Leroux at Hotel-Dieu Grace Hospital. He posted the photo online.
Pollock and Leroux had a heated online exchange over Pollock’s anti-LGBTQ posts, including his opposition to drag queen story time events at Windsor Pride celebrations.
Leroux told the court Pollock’s actions left her so shaken she was unable to visit with her father during the last 25 days of his life.
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