The organizers of the “Freedom Convoy” were not involved in criminal activities, says the defense

OTTAWA – Freedom Convoy organizer Tamara Lich was not part of a conspiracy to break the law when she helped organize a mass protest against pandemic restrictions in Ottawa, her lawyers argued in her criminal trial Tuesday.

Prosecutors allege that Lich and co-organizer Chris Barber, owner of a trucking company in Saskatchewan, were in cahoots to block roads and disrupt residents in an attempt to pressure the federal government to lift the COVID-19 vaccination requirement in 2022.

The two are jointly charged with mischief, intimidation and inciting others to break the law. If the prosecution's conspiracy argument holds up, the evidence against Barber would also apply to Lich.

They were both part of the organizing group of the Freedom Convoy protest, which brought thousands of people to Ottawa for a three-week demonstration that only ended after a massive police deployment.

The two drove to Ottawa together in Barber's truck, which he affectionately calls “Big Red,” and were part of the company that handled donations for the protest.

During their trip to the capital and in the weeks that followed, they regularly posted videos on social media with messages to their fellow protesters.

But the evidence before the court suggests that Barber was far more present and loud about what was happening on the streets of Ottawa, Lich's lawyer Eric Granger said in his closing argument on Tuesday.

There is also “very little evidence of contact or interaction between the two,” he said.

To support their accusation, the prosecution highlighted a specific text exchange between the two.

On January 30, 2022, Lich texted Barber and asked him to accompany her to the “command center.”

“They have a strategy to shut down the city. I don't want to make these decisions alone,” Lich told Barber.

Granger said that although the text suggests that a decision had to be made and that Lich had the authority to make it, that does not mean she was part of the strategy or that she agreed with it.

The other problem with the Crown theory, Granger said, is that the goal the two allegedly agreed to – lifting government vaccination regulations and restrictions – is not illegal per se.

It is far more common for prosecutors to use the conspiracy charge, known as the Carter motion, in murder or drug trafficking cases where the target itself is illegal, he said.

In this case, that means that the prosecution must prove that the means used by the two organizers to achieve their goal were illegal, he said.

He argues that there is little evidence that Lich was connected to any wrongdoing committed during the protests, other than that she encouraged people to come to Ottawa to protest.

Prosecutors argued that Lich urged protesters to “hold the line” and come to Ottawa after the city's residents had been overwhelmed by noise, stench, crowds and blocked roads for weeks.

In his closing argument, the prosecution stated that Lich had “crossed the line” and resorted to illegal activities.

Judge Heather Perkins-McVey told the court on Tuesday that the meaning of “holding the fort” can change from situation to situation, and it is reasonable to assume that at least in some contexts it means “staying true to one's values.”

“And that's the difficult thing,” Granger said. “It's just not clear.”

Granger's arguments are part of the closing arguments in a trial that began in September 2023. It was supposed to end next month but has dragged on much longer than expected.

Lich's legal team is scheduled to continue its closing arguments on Friday.

This report by The Canadian Press was first published August 20, 2024.

Laura Osman, The Canadian Press