It started more than a year ago, took nearly 50 days in a courtroom and may not be decided until next year, but the trial of two leaders of the 2022 “Freedom Convoy” protest in Ottawa finally ended Friday.
Tamara Lich and Chris Barber pleaded not guilty to mischief, intimidation, obstruction and other charges.
Crown prosecutors called 16 witnesses and presented hours of video evidence and numerous social media posts in an effort to prove their case.
During closing arguments, prosecutors said “overwhelming evidence” proved Lich and Barber helped finance, fuel and organize the convoy of trucks that descended on Ottawa’s downtown core to protest COVID-19 mandates.
Barber, 48, and Lich, 50, were key members of a group that raised millions of dollars and organized public relations, security and other logistics for the protest.
Both had large social media followings, and prosecutors say they used their online influence to turn an otherwise legal demonstration into a criminal act.
On different occasions, Lich and Barber urged supporters to gather in the city’s designated “red zone” surrounding Parliament Hill after authorities asked them not to.
Prosecutors played a recording of a Feb. 14, 2022, news conference during which Lich promised the protest would stay peaceful, even as the federal government was preparing to use the Emergencies Act to clear the streets.
“No matter what you do, we will hold the line,” Lich vowed in the video.
Text messages found on Barber’s phone after his arrest were used as evidence against him during the trial. In one, he told a supporter the purpose of the protest was “to cause grief,” and in a text to a different recipient Barber boasted that protesters had “trainwrecked traffic” after their arrival in the city.
Police never got a chance to confiscate Lich’s phone: On the advice of lawyers, she had left it behind before her anticipated arrest.
Backed by The Democracy Fund and the Justice Centre for Constitutional Freedoms, Lich and Barber have enjoyed the support of right-wing and civil liberty organizations throughout their trial.
“The Crown seeks to criminalize the words and actions of leaders of a protest, a protest in which those leaders consistently urged to be peaceful and to cooperate with police,” said lawyer Lawrence Greenspon during closing arguments Friday.
He said prosecutors are trying to hold Lich and Barber responsible for the actions of “unidentified others” who were directed into the downtown core and allowed to stay for three weeks “without so much as a single parking ticket being issued to any one of them.”
The defence contends the co-defendants should not be seen as leaders of a unified protest because the events in Ottawa weren’t part of any single, orchestrated demonstration.
Throughout the trial, they also pointed to instances where Lich and Barber followed the directions of authorities and promoted peace.
The defence argues the two acted within their rights and that the Crown has not met the bar to convict them, and none of the “overwhelming evidence” proves the guilt of either accused.
Greenspon said the only thing “unprecedented” about the case was “the unprecedented resources that have been afforded to the prosecution of this case,” which he accused of “zealously” criminalizing lawful assembly.
A date for a decision will be set Nov. 26.