Defense argues that Barber and Lich were not the only drivers of the Freedom Convoy

The trial of two central figures of the Freedom Convoy continues on Tuesday, with defense attorneys challenging the prosecution's portrayal that the three-week protests in Ottawa were a single event under the sole leadership of Tamara Lich and Chris Barber.

The two have pleaded not guilty to charges of mischief, intimidation, obstruction and other offences related to protests against Covid-19 measures in February 2022, during which trucks blocked streets in downtown Ottawa.

The question is whether Barber and Lich went too far by committing crimes and encouraging others to come to town.

The trial, which began in September, suffered several delays but is now in the closing arguments phase.

The prosecution is attempting to portray Lich and Barber as co-conspirators who jointly financed, aided, promoted and organized the Freedom Convoy, arguing that the evidence against one must also apply to the other.

The defence argues that the co-defendants should not be considered leaders of a unified protest because the events in Ottawa were not part of a single, orchestrated demonstration, but involved many participants who did not form a coherent whole.

Two defendants, same evidence

With a so-called Carter motion, the prosecution is asking the court for permission to use its evidence against Barber in the case against Lich.

Prosecutors have pointed out on social media that Lich is the “great leader of the trucker movement” and the “spark that lit the fire.” They argue that the “megaphone” wielded by Lich and Barber was crucial, pointing to videos showing people's enthusiasm to see them as leaders.

At the start of the trial, prosecutors showed a video of downtown Ottawa crowded with protesters and told the court that this was “no accident” but the result of planning by Lich and Barber.

Prosecutors also pointed to text messages from Barber saying the protest was intended to “cause grief” and that “traffic came to a standstill” after the convoy arrived in the city.

Barber and Lich met several times throughout the protest and referred to the events in Ottawa as “our protest,” prosecutors added.

The defense argues that while Lich and Barber shared the common goal of getting the federal government to lift pandemic measures, they did not conspire to commit illegal acts and promoted peace throughout the protests.

They deny any collective wrongdoing and attribute the illegal actions to the individual decisions of individuals.

Barber defends himself against individual accusation

Barber is also accused of inciting others to disregard a court order by urging protesters to honk their horns, which he allegedly did after a court issued a temporary restraining order prohibiting that very action.

Two days after Ontario's Supreme Court issued an injunction against honking, Barber posted a video on TikTok warning his supporters that there were rumours that police intervention was imminent within days.

“Let go of the horn, don't let go of it when you see a large force of police coming toward you,” Barber said in the video, which was shown throughout the trial and again during closing arguments Monday.

Barber's lawyer Diane Magas said the court ruling banning honking in downtown Ottawa was not clear enough.

Magas argued that Barber tried to explain an exception allowing honking in emergency situations, but did so “in his own words.”

Judge Heather Perkins-McVey rejected Barber's request for protesters to warn of an emergency police response.

“That’s far-fetched,” she said in court.

Magas said that when Barber shot the video, there was heightened tension over possible police intervention.

She also argued that police failed to download all the videos Barber posted online during the protests, leaving the record incomplete and lacking the context needed to properly determine whether Barber's actions were criminal.

Previously, Magas had argued in her closing argument that Barber was “morally innocent” and had done everything possible to cooperate with the authorities during the protests.

Prosecutors are expected to have an opportunity to comment on Friday, when the trial is expected to end.