‘The Courts Are Not Thought Police:’ Judge Rules Freedom Convoy Leader Tamara Lich to Remain out of Jail While on Bail

‘The Courts Are Not Thought Police:’ Judge Rules Freedom Convoy Leader Tamara Lich to Remain out of Jail While on Bail
Tamara Lich, one of the main organizers for the Freedom Convoy, smiles during a news conference in Ottawa, on Feb. 3, 2022. The Canadian Press/Adrian Wyld
Andrew Chen
Updated:

Freedom Convoy organizer Tamara Lich didn’t breach her bail terms for agreeing to attend an award ceremony in her honour and thus won’t return to jail, an Ontario judge has ruled.

Ontario Superior Court Justice Kevin Phillips said on May 25 that his decision was based on how well Lich’s surety has supervised her, that she has followed her bail conditions, and her low risk of reoffence after she has had “a taste of jail.”

In late April, the Justice Centre for Constitutional Freedoms (JCCF) selected Lich as the winner of its 2022 George Jonas Freedom Award, and she agreed to attend an award ceremony in Toronto on June 16. Crown prosecutor Moiz Karimjee, however, said last week that by agreeing to attend the ceremony, Lich had breached her bail conditions and should be sent back to jail to await trial.

Phillips said he does not accept the Crown’s argument that Lich breached her release conditions by agreeing to receive the award, adding that Lich can be trusted to respect the conditions of her release.

The terms of Lich’s release were intended to prevent a similar protest from happening in the national capital, the judge said, adding the court does not seek to control people’s political views.

“The courts are not a thought police. We seek only to control conduct to the extent that certain behaviour will violate or likely lead to violation of the law,'' Phillips said.

He also said the protest is over and the trucker convoys have left Ottawa, and that it would be “practically impossible” to mount a similar protest in the city again.

Lich was arrested on Feb. 17, 2022, for her role as a key organizer of the trucker convoy demonstration in Ottawa, which started in protest of the federal COVID-19 vaccine mandate imposed on cross-border truck drivers.

The convoy quickly expanded into a national movement with several protests and border blockades held across the country in solidarity with the three-week-long demonstration at the national capital.

On Feb. 14, Prime Minister Justin Trudeau invoked the Emergencies Act to give the police sweeping additional powers to remove protesters and vehicles parked in Ottawa and at border crossings, though the border blockades had mostly dispersed by that time.
On March 7, Lich was released on several bail conditions, including not to “engage in organization or promotion of anti-COVID-19 mandate activities and Freedom Convoy activities” or express support for any such events through any means.

Violation of a bail condition can result in a fine, imprisonment, or both, according to JCCF, which represents several other convoy leaders in court. Lich’s bail conditions also prohibit her from setting foot in Ontario.

Lich is currently appealing her bail terms, which also prohibit her from contacting fellow convoy organizers and from using social media or having someone do so on her behalf. Lich’s lawyer, Lawrence Greenspon, said last week her bail conditions should be loosened to allow her to come to Ontario and use social media.

The Canadian Press contributed to this article