Freedom Convoy trial: Defense presents its arguments

There is no conflict between the freedom of expression protected by the Charter and the right of Ottawa residents to enjoy their property, argued the lawyer for “Freedom Convoy” organizer Tamara Lich on Friday.

Lawrence Greenspon's closing arguments in the criminal trial focused largely on the fundamental freedoms that protect protests in Canada and the failure of Ottawa police to enforce the law during the 2022 demonstration.

Lich and co-organizer Chris Barber are jointly charged with mischief, intimidation and inciting others to break the law for their involvement in organizing the mass protest that resulted in street blockades in downtown Ottawa for weeks.

Prosecutors argued that Lich and Barber influenced the crowd to commit illegal acts in order to pressure the government to lift COVID-19 restrictions and vaccination requirements.

“Any court would be hard-pressed to find another case in which a higher court has explained the reasons why free speech should not take precedence over the enjoyment of property,” Greenspon said.

He argued that the prosecution was trying to criminalize “the words and actions” of the leaders of a protest who had repeatedly called for peaceful behavior and cooperation with the police.

“The prosecution is demanding that these leaders be held criminally responsible for the actions of unidentified individuals who were escorted to downtown Ottawa and allowed to remain there for three weeks without being issued a single parking ticket,” he said.

He said there was no precedent for a situation where protesters were ordered by police to park in a specific area and then prosecuted for following that order.

He also criticized the prosecutor's emphasis on the phrase “Hold the Line,” which Lich used frequently in the final days of the protests as police prepared a major operation to forcibly remove demonstrators.

During the operation, protesters faced the police and refused to move, often imitating Lich's battle cry “Stay on the front lines.”

Prosecutors interpreted the sentence as a call to protesters to take up arms and as an encouragement to obstruct the police. Greenspon argued that since Lich was arrested on February 17, 2022, one day before the police operation began, there was “no such line” at the time.

Rather, he said, the sentence could be understood as an encouragement to the demonstrators “not to give up.”

Prosecutors said the evidence in the case was overwhelming, but Greenspon countered that the only overwhelming thing was the resources prosecutors have devoted to the case, which has now dragged on for nearly a year.

The trial appeared set to end Friday afternoon when prosecutors offered to submit their closing response in writing, but Judge Heather Perkins-McVey opted instead to continue next month to hear closing arguments in person.

The trial has attracted great public interest since it began almost a year ago, and the benches have often been filled with spectators and supporters.

The judge said that in the spirit of this open, transparent justice model, she has asked the parties to return to court in September. Lich and Barber will participate on the final day via video conference from their homes in Western Canada.

Perkins-McVey could take up to six months to rule on the case, but said she hopes it will not take her that long to announce her decision.

This report by The Canadian Press was first published August 23, 2024.