Freedom Convoy Organizers’ Trial Ends, But Verdict Could Take Up to Six Months

Freedom Convoy organizers Tamara Lich and Chris Barber (R) make their way with counsel to the Public Order Emergency Commission, in Ottawa, on Nov. 1, 2022. The Canadian Press/Adrian Wyld

The trial for Freedom Convoy organizers Tamara Lich and Chris Barber, initially scheduled to last 16 days, has finally come to a close more than a year later. But a decision may still be as much as six months away.

“I do not know, at this moment, when I will be in a position to give my decision,” Justice Heather Perkins-McVey told the Ottawa court on Sept. 13.

Perkis-McVey said coming to a decision would be “a little daunting” given the size and scope of the case and the number of other trials she is presiding over. She coordinated with Crown and defence lawyers at the end of the hearing to agree that Nov. 17 will be a “check-in date.”

Lich and Barber are charged with mischief, intimidation, and counselling others to break the law, while Barber is also accused of counselling others to disobey a court order.

The Freedom Convoy protest started in response to COVID-19 pandemic-related restrictions and vaccine mandates, leading large numbers of vehicles to gather in downtown Ottawa to protest the measures.

The federal government eventually invoked the Emergencies Act on Feb. 14 to end the demonstration, giving law enforcement expanded powers to arrest demonstrators and freeze the bank accounts of individuals involved in the protest. Lich and Barber were arrested on Feb. 17, a day before police began their action to bring the protest to an end.

The trial of the two accused has been filled with delays relating to complex legal arguments, technical difficulties, and delays with disclosure.

Crown lawyers have said the evidence against the two is “overwhelming,“ and that they employed ”unlawful means” to pursue their political agenda. Defence lawyers, meanwhile, have said there is little evidence that Lich and Barber had criminal intent throughout the protest, or that they worked closely together to organize and direct the protesters in Ottawa.

Closing Arguments

In their closing arguments on Aug. 23, Lich’s defence lawyer Lawrence Greenspon said that in a contest between charter-protected freedom of expression and Ottawa residents’ right to enjoyment of their property, charter rights win.

For the Crown’s closing arguments on Sept. 13, Siobhain Wetscher said that “no right is without limits, including the right to stand up for your beliefs.”

“Mr. Barber, nor Ms. Lich, are on trial for their beliefs. And moreover, an honestly-held belief doesn’t provide the authority to do the things that were done in this case, in the name of so-called peaceful demonstration,” Wetscher said.

The Crown has previously argued Lich and Barber put pressure on Ottawa residents and the federal government to achieve their political means and, in doing so, “crossed the line” from a peaceful protest into criminal territory. They have also said the two worked so closely together that evidence applying to one organizer should apply to the other, which is known as a Carter Application.

Greenspon has said the Crown’s strategy of using a Carter Application for a case where the common goal is legal is unprecedented. Barber’s lawyer Diane Magas has argued that the phrase “hold the line,” which the Crown argued was used to counsel others to break the law, has several different meanings such as “be patient” or “stay true to your beliefs.”

While Barber and Lich had been attending the trial hearings in-person, both attended the final day by video conference because Lich is in Alberta and Barber is in Saskatchewan. In a Facebook post made after the court hearing ended, Lich said she was “grateful” for everyone who had supported her and Barber by attending court, sending messages, and providing donations for their legal fund.

“As the trial portion of our criminal trial comes to a close, I can’t help but reflect on how lucky and grateful I am for the love and support I’ve received from Canadians and from around the world,” Lich said.