Prosecutors in their opening submissions in the sentencing hearing of Freedom Convoy organizers portrayed the peaceful protest as an occupation that terrorized the heart of Ottawa. Tamara Lich and Chris Barber in April were convicted of mischief for their roles as “protest organizers” and “social influencers” for the mass protest against COVID-19 mandates in 2022 in downtown Ottawa. The Crown is pursuing a seven-year sentence for Lich, and an eight-year sentence for Barber — plus the confiscation of “Big Red,” the truck he relies on for his livelihood as a truck driver, which has been his occupation for 25 years.“(The) entire city felt under siege,” the prosecutor told the court. Lich, who appeared in court in person Wednesday morning, spent 49 days in jail after the 2022 protest. Barber, who video conferenced in for the hearing, spent two days in jail, and was released with a staggering $100,000 bond.Prosecutors opened the proceedings with their submission and sentencing recommendation. They had Victim Impact Statements (VIS), which were submitted in writing and not presented orally to the court. The VIS content included negative impacts on businesses, including the luxury Lord Elgin hotel, where many of the imported police stayed, and people who allegedly still suffer from so-called phantom honking. In total, said the Crown, the cost of the protest was $7 million for the city and $55 million for policing, The Democracy Fund (TDF) wrote in an X post from the courtroom. However, prosecution conceded that cost was not directly caused by the defendants. "I wonder what the costs of Canada Day are?" queried Justice Heather Perkins-McVey, per Rebel News commander Ezra Levant from the courtroom. Barber’s lawyer Diane Magas argued the Crown’s sentencing recommendation was disproportionate to the crime, and is a “harsh,” “cruel” and “unusual punishment,” according to Right Blend, from the courtroom. “(This ruling) will not be an easy one" remarked Perkins-McVey.Precedent-setting cases were discussed, including the 2010 G20 protest in Toronto, prosecution of participants in the 2022 Coutts protest and Pat King. The judge said this case is unique and precedent cases don’t closely match up to the circumstances of Lich and Barber. Magas addressed February 4, 2022, where the “line to mischief” was crossed, and underscored Barber’s good faith intentions to work with police about where to park trucks, and made arrangements to move Big Red out of the downtown core. The judge acknowledged that he moved his truck on February 8, and noted Barber was “helpful in moving trucks,” and agreed with Magas’s assertion he was "very willing to work with police."Perkins-McVey agreed with an argument made by Magas the well-documented fact that Barber and Lich continuously sought legal advice during the protest further reduces "blameworthiness.”Magas points out that the convoy truckers (esp. Barber and Lich) sought out legal advice along the way, and that shows an intention to follow the law. Barber’s defence said the convoy was an “exceptional circumstance of protesters standing up to government anarchy,” to which the judge said she wouldn’t call it “anarchy,” more like “perceived overreach."Magas in response to the Crown’s questioning of “why Ottawa?” emphasized the fact the truckers chose Ottawa because that was the source of their grievance — they were protesting federally mandated policies. She further reminded the court thousands of people lined the highways across the country, cheering on the convoy and calling Barber a “hero,” thanking him for “giving them hope.” Magas argued that Lich should not have spent any time in jail at all, and the fact that she spent so many days in custody should not make Barber more liable for jail time, wrote TDF. She also emphasized the steep costs to the defendants during this two-years-long trial. Perkins-McVey said their pre-sentence custody, costs and character letters can be taken into account in her decision. According to Levant, the judge seemed to not know Barber was one of many protesters (and people who donated to the protest) to have their bank account frozen under Prime Minister Justin Trudeau’s invocation of the Emergencies Act. “Who froze that (bank account)?” she said. Magas plans to ask for a discharge for Barber, according to TDF. She argued a criminal record would jeopardize his ability to support his family and earn money to pay bills, as about 60% of his truck driving business includes crossing the border to the US. Barber was offered a chance to speak, which he declined. Magas speaking on behalf of Barber said he “never meant to harm anyone."The trial is set to carry on through Thursday, and likely Friday. Perkins-McVey noted an additional day may be needed to discuss the forfeiture order for Big Red.Lich’s lawyer, Lawrence Greenspon, will open hearings Thursday. The judge is expected to release her decision sometime in August.
