Freedom Convoy organizer Chris Barber is in court today for hearings related to a Stay of Proceedings application in an attempt to have his charges dropped.Hearings will continue at the Ottawa courthouse through Friday, with a decision possible at the end of the week.Ontario Justice Heather Perkins-McVey found Barber and co-organizer Tamara Lich guilty of mischief for their involvement in the peaceful protest in Ottawa in January and February of 2022. The decision, released on April 3, came after 45 days of hearings that spanned from September 2023 to September 2024.Diane Magas, Barber’s lawyer, filed the stay application on April 16, arguing Barber had sought legal advice during the time of the protest and acted in good faith with local authorities..Barber in his application argued “the legal advice given to him … during the Freedom Convoy was erroneous and that, as a result, the Crown is not entitled to convict him,” said the Justice Centre for Constitutional Freedoms (JCCF).“[Barber] sought advice from lawyers, police officers, and a Superior Court Judge on the legality of the protest he was involved in.”The application cites examples such as Barber's following directions from the Ottawa Police Services on where to park trucks, his moving his truck “Big Red” when asked, and instances from February 7 and 16, 2022, where “his lawyer at the time advised him that Justice Maclean of the Superior Court had confirmed that the protest could continue so long as it continued to be peaceful and safe.”.The application was filed one day after Barber learned the sentence the Crown was pursuing: two years in prison and the confiscation of Big Red.“My family got bad news today. The Crown prosecutor wants to lock Tamara Lich and me in prison for two years—for standing up for freedom. They also want to [seize] my truck, Big Red, and crush her like she’s just scrap metal or sell it at auction,” wrote Barber in an April 15 Facebook post.If the judge approves the stay application, Barber will not go to prison, nor will his truck be seized..“Throughout the peaceful Freedom Convoy, Chris Barber did what any law-abiding Canadian would do: seeking out and acting upon the best legal advice available to him,” said JCCF President John Carpay.“Chris Barber consistently followed the legal advice that he received from police officers, lawyers, and a Superior Court judge.”“To hold a well-meaning man behind bars for two years and to confiscate his property, as is now demanded by the Crown, would bring the administration of justice into disrepute.”“Crown prosecutors are painting a portrait of a dangerous criminal, even while Chris Barber sought out and followed legal advice when participating in the Freedom Convoy in Ottawa in 2022. Chris worked within the law when peacefully exercising his Charter freedoms of expression, assembly and association.”
