An Ontario court has delivered its verdict in the longest mischief trial in Canadian history involving two prominent Freedom Convoy organizers.
The trial of Freedom Convoy organizers Tamara Lich and Chris Barber stemmed from their roles in the massive protests that occupied downtown Ottawa in early 2022.
The protests, initially sparked by opposition to COVID-19 vaccine mandates and other pandemic restrictions, quickly expanded into a broader movement against the federal government, drawing thousands of demonstrators and extensive law enforcement scrutiny across Canada.
Lich and Barber were facing charges including mischief, counselling others to commit mischief, intimidation, and obstructing police.
The Crown argued their leadership in the protest helped sustain an unlawful occupation, disrupting residents, businesses, and government operations.
Upon entering the courtroom, supporters who wore pro-Convoy apparel were given the choice to either turn their shirts inside out or leave the proceeding.
In the early morning, things looked promising for the defence as Ontario Court Justice Heather Perkins-McVey rejected the Crown’s attempt to link the actions of Freedom Convoy organizers Tamara Lich and Chris Barber under conspiracy law.
The judge ruled on Thursday, at the outset of the verdict hearing, that Crown prosecutors Tim Radcliffe and Siobhan Wetscher lacked sufficient grounds to invoke a Carter application.
A Carter application allows the prosecution to introduce out-of-court statements made by one alleged co-conspirator as evidence against other co-conspirators.
Normally, hearsay (statements made outside of court) is inadmissible, but Carter established an exception for conspiracy cases.
Had it been accepted, the application would have allowed the court to hold Lich and Barber responsible for each other’s statements and actions.
The decision marked a setback for the prosecution, as the ruling meant each defendant’s culpability must be assessed independently rather than being legally tied to the other’s conduct.
However, things took a turn for the worse for the defendants when the judge found Chris Barber and Tamara Lich guilty of mischief, citing evidence the duo “routinely encouraged” people to continue to remain at and join the protest despite knowing the adverse effect it was having on downtown residents and businesses.
Despite being convicted of mischief, Lich and Barber were found not guilty of counselling intimidation, with the judge saying the case lacked the prerequisite elements of violence and menacing for those charges to stick.
The defence is expected to appeal the decision regarding the mischief charges.