Freedom Convoy Organizers Tamara Lich and Chris Barber have been found guilty of mischief as "protest leaders" and "social influencers."
"The Crown has proven beyond a reasonable doubt that Lich and Barber have committed mischief," said the Court of Ontario judge overseeing the mischief trial.
Lich and Barber each faced six charges of mischief, obstruction, intimidation and counselling others to do the same during the February 2022 protest against COVID-19 mandates in Ottawa. Barber faced a seventh charge for violating a court order.
Each defendant was found guilty of mischief, both as a principal offenders as well as aiders and abettors.
Lich and Barber were also found guilty of counseling mischief not committed, which is established when the statements made by [defendants] actively induce or incite another.
"The offense of counseling others to commit mischief is proven beyond a reasonable doubt," Justice Heather Perkins-McVey said, according to a post from Robert Kraychik from the courtroom.
There was some courtroom confusion as to whether this charge, though the judge said they were guilty, was stayed, as per the Crown's request.
The Western Standard will update this article upon clarification.
The intimidation and counselling others to intimidate charges were dropped against both Lich and Barber, as were the obstruction and counselling to obstruct justice charges.
Barber was found guilty on the charge of violating a court order. He was found to have encouraged honking even though there was an injunction on honking in downtown Ottawa at the time.
The judge will schedule a separate sentencing hearing, to be announced.
Justice Heather Perkins-McVey on Thursday at the beginning of Lich and Barber’s verdict hearing said the Crown prosecutors Tim Radcliffe and Siobhan Wetscher did not have grounds to invoke the Carter Application, a conspiracy application that would find one guilty for the other’s words or actions, and vice versa.
The Carter Application dismissal was a major win for Lich and Barber, but it was all downhill after that.
After the lunch break, Perkins-McVey rendered the rest of her decision.
The Democracy Fund in a statement said the "landmark decision [has] profound implications for civil liberties in Canada."
Lich's now infamous uttering, "We will hold the line," was was found to be a "rallying cry" to the truckers, said the judge, per TDF.
John Carpay, president of the Justice Centre for Constitutional Freedoms (JCCF) immediately issued a statement on the verdict — in it, he referenced “the fact that 86 sexual assault cases have been tossed out in Ontario since 2016 due to court delays and insufficient court resources.”
“Crown prosecutors in Ontario claim that they do not have enough resources to prosecute people accused of sexual assault and other serious crimes. People accused of serious crimes are walking away without facing trial because of extreme delays, supposedly caused by the Crown lacking adequate resources,” wrote Carpay.
“Yet the Crown has devoted massive amounts of its limited time and energy to prosecuting peaceful protesters who exercised their fundamental Charter freedoms.”
“There seems to be a glaring double standard in prosecutions in Canada.”
“It appears that the charges against Chris Barber and Tamara Lich were laid for political reasons.”
“When Tamara Lich and Chris Barber played an active role in the entirely peaceful 2022 Freedom Convoy protest in Ottawa, the Crown devoted its resources to an extensive, full-scale prosecution that dragged on for 31 months.”
“If Tamara Lich and Chris Barber had played a leadership role in organizing protests against racism, transphobia or climate change, they would not have faced 45 days of trial over a period of 31 months.”
The verdict was announced after the judge read an extended summary of the 105-page verdict.
"My decision is 105 pages long... and want to finish this today," said Perkins-McVey, according to multiple accounts from the courtroom.
“The Crown argues the accused by means expressed their wish for mandates to end violated rights of others to move and engage in rights they are entitled to engage in. Defence argued accused always encouraged anyone following them to adhere to the law,” said the judge, according to RightBlend.
“Private citizens sought private injunction to stop horns and got it from Superior Court of Justice February 7 and it was renewed.”
“The Court states that when freedom of expression collides with public order, then the former must give way,” wrote The Democracy Fund from the Ottawa courtroom.
“When freedom of expression collides with the need to uphold public order is when the line is crossed," wrote Perkins-McVey, according to Chipiuk from the courtroom.
Lich earlier said the federal government has spent $5 million to prosecute her for mischief
The trial began September 5, 2023 and continued for over a year.
Perkins-McVey in August 2024 commented on significant court backlog and said the verdict could be delayed. She promised to set a date in November 2024, which was pushed back to March 12 2025, and finally to April 3, 2025.
After the March 12 cancellation, Lich called the most recent postponement of the verdict hearing “unfortunate” in an X post, and decried the “sad state of the justice system in Canada.”
More to come...
