Brian Giesbrecht is a retired Manitoba judge.The marathon trial of Tamara Lich has resumed. This is definitely the most high profile trial in Canada in years. Millions of our tax dollars have been spent to prosecute this Métis grandmother (and Chris Barber.) Seasoned prosecutors have been seconded, and all of the resources of both the federal and Ontario governments have been employed to get a conviction. Seemingly at any cost.So, the charges must be extremely serious? Surely we are talking about some deadly terrorist attack, or something that involves multiple murders and mayhem — at the least!Well…, no. That tiny, polite grandmother is charged, essentially, with…….mischief. Mischief? Isn’t that a charge that is usually used to deal with a kid spray-painting graffiti on a wall, or an inebriated fellow doing something foolish while under the influence?Not so, in the case of Tamara. They are going after her with everything at their disposal. They are pulling out all the stops — spending millions of dollars of our money to nail this gentle, former physical fitness trainer and bookkeeper on a tarted up charge of mischief. They seem determined to make an example of her.But an example of what? Here’s my answer: An example of what will happen to any of us if we express views that the government in power does not like — what our prime minister refers to as “unacceptable views” that conflict with his progressive vision. They aren’t just going after Tamara; they are going after us.If you doubt this, think of any protest in memory that has the support of progressives, where any of the organizers have been prosecuted so vigorously just to teach that person a lesson.After all, there are no shortage of protests. We have had dozens of indigenous, BLM, climate and Palestinian protests in recent years. Every large protest attracts some undesirables, who participate in violence and mayhem. The BLM and antifa protests — the one our PM actively participated in despite all of his lockdown rules then in place — toppled statues and did much property damage. Surely at least one of the Canadian protest organizers could have been charged, as Tamara was. Not so. But the vast majority of the people participating in these large protests simply want to make their point. That’s the purpose of protests. They allow people to have their say, and let off steam. Our western liberal democracies allow such things. In fact, without active citizen participation, our liberal democracies would wither and die. Citizens of liberal democracies must be free to peacefully protest when they feel the need to do so. Democratic governments must be robust enough to tolerate protests, and other forms of dissent.In the trucker convoy protest, the main point that the protesters wanted to make was about government overreach. They believed that the government reaction to the nasty COVID virus was extreme and overdone. The final straw was the imposition of a vaccine mandate on truckers at a time when everyone knew that the vaccine did not prevent a person from either becoming infected with, or transmitting, the virus. When the Trudeau government imposed its vaccine mandate this was known with certainty. The protestors were aware of that, and suspected that the decision to impose an unnecessary mandate was purely political. They insisted on their right to make a personal choice about what went into their bodies, and argued that the vaccine mandate was a denial of their basic freedoms. They wanted to state their case to the prime minister about it. But he had no time for them. That’s what the convoy protest was all about. It was just one of many protests any liberal democracy has had, are having, and will have in the future. But in how many of those protests do we find a Tamara — namely one person — singled out as a sacrificial lamb? Shackled, dumped in a filthy cell, forced to share that cell with a mentally unstable person and without even a book to read. And then hauled back and forth to court to be yelled at by openly hostile prosecutors. Followed by a year long trial. For a mischief charge. (Lich describes her ordeal in “Hold the Line.” The answer is that where progressives rule — that’s here, folks — this only happens to people with “unacceptable views.” The authorities in progressive-run administrations only go after conservatives, because those are the people with “unacceptable views.” They leave progressives alone. Justin Trudeau will “take a knee” in protests he agrees with — but will bring the hammer down with thundering force on any “unacceptable fringe view” that he doesn’t like. Hamas protesters appear to be able do virtually whatever they want — even confining Jewish citizens to “ghettos” and yelling vile, antisemitic slurs at them. The authorities will simply let it pass. Like Sergeant Schultz in “Hogan’s Heroes” they “see nussing”. But if you happen to drive a truck, and insist on your right to decide what drugs will be injected into your body, you are fair game. There will be no shortage of police chiefs and other government officials willing to go after you.That’s where we are now, with the trial in its final stages. There’s a good chance that Tamara will be acquitted. She is in front of an experienced and independent judge, and the evidence against her is contrived.But there are many lesser known people prosecuted during the lockdown and convoy protest who do not have Tamara’s high profile that gives her the ability to raise the hundreds of thousands of dollars she has needed to defend herself. Many ordinary Canadians have been convicted of offences relating to the lockdown and convoy protests for the simple reason that they couldn’t afford the time and money to defend themselves against often unfair charges.Something similar is happening in Britain right now, where widespread dissatisfaction with government failure to limit and regulate mass immigration — particularly of immigrants who have no intention of integrating — has resulted in both protests, and out-of-control rioting. Mass immigration, like lockdown legislation, is a topic on which conservatives and progressives tend to disagree sharply. The Starmer government’s one-sided reaction to the protests and riots — as in the case of our lockdown regulations and convoy protest — is causing both unfairness and injustice for many ordinary Brits. There is general agreement that the thugs who participated in violence in the riots deserve their fate, and are rightly being jailed. But the vast majority of ordinary Brits, who are appalled at what uncontrolled immigration is doing to their country, are being silenced by threats of prosecution and jail. People are being prosecuted simply for making intemperate comments on social media. Some who did not even participate in the protests are being jailed. Those Britons are receiving the same threat that our prime minister has given to us — if you have an “unacceptable view” you had better not share it. Leaders, like Starmer and Trudeau, who choose to shame and silence half of their populations are playing with fire. They can only survive by becoming increasingly authoritarian.Their brute message takes many forms. “Two-tier policing” is one — namely, the police treating lockdown, or immigration protestors in a completely different way than they do pro-Hamas or BLM type protestors. “Lawfare” is another — weaponizing the law to go after those you disagree with. The Online Harms Act pushed by the Trudeau government will do exactly that. All involve the bullying of people who do not agree with the progressive views now in fashion.These illiberal tactics threaten the rule of law that has evolved in western civilization through Magna Carta, and on to the present. The rule of law is fragile, and it is not compatible with opportunistic politicians who tamper with it by weaponizing the law to crush dissent, and to destroy their enemies. Those leaders risk seriously damaging our basic institutions with their cynical experiments in authoritarianism.Canada, like Britain, also sees tension rising over the immigration issue. Most Canadians welcome controlled immigration. But they want immigrants who intend to integrate into the Canadian mosaic. This issue will become increasingly contentious, and Canadians who are opposed to what the current federal government is doing with immigration must be allowed to voice their opposition. That opposition includes the right to protest peacefully.We are going to see many contentious issues arise over the next few decades. It is very likely that the government of the day will not like some of the views that are voiced by dissenters. The point is that Canadians must have the right to peacefully present their views as Tamara Lich has done, without being treated the way dissidents are in authoritarian regimes. Conservative thinkers must not allow themselves to be intimidated into silence by progressives.And we must be able to rely on our courts to protect those rights. The courts largely failed to protect the freedoms of lockdown dissenters in the COVID years. This has to change, or our individual freedoms will not be worth the paper they are written on. Overreaching governments must be held to account. There is much to think about as the longest and most expensive mischief trial in Canadian history finally heads to its conclusion. The trial judge will tell Tamara if she is guilty or not guilty. But the Trudeau and Ford government are effectively on trial as well. Was their treatment of this one small lady something that should happen here? Is this what Canada has become? The Lich decision has the potential to be an important turning point for this country.Tamara Lich did not lie down in front of a tank. She did not spend years in the Gulag. But she has been treated shabbily by the Trudeau and Ford governments. And in her gentle and respectful response to this Big Brother bullying she has taught us something. It is this: Stand up for your beliefs. Hold the line.At some point the Trudeau Liberals will be relegated to the history books. What will they be remembered for? Trudeau’s imposition of The Emergencies [War Measures] Act will certainly be on the top of that list. That is — without doubt — one of the low points in the history of this great country. But surely, the trial of Tamara Lich will be right up there on that list as well. A polite Métis grandmother, imprisoned and relentlessly persecuted for daring to stand up for what she believes in, has become an inspiration for those of us who cherish freedom.Brian Giesbrecht is a retired Manitoba judge.
