Lawyer Lawrence Greenspan walks with Tamara Lich to the courthouse on the first day of trial, in Ottawa, on Sept. 5, 2023.Adrian Wyld/The Canadian Press
The criminal trial for two of the most prominent faces of the trucker-led protests that paralyzed the core of the country’s capital for more than three weeks early last year is set to begin Tuesday.
The demonstrations prompted one of the largest police responses in Canadian history and largely led to the invocation of the federal Emergencies Act. In addition to the protests in Ottawa, traffic was blocked at vital border crossings in other parts of the country.
Proceedings for Tamara Lich and Chris Barber will take place at the Ottawa Courthouse and are expected to run into October.
They face charges of mischief, obstructing police and intimidation, as well as one charge of counselling for each of those three offences.
In a joint statement released ahead of the trial, lawyers for Ms. Lich and Mr. Barber said “we do not expect this to be the trial of the Freedom Convoy. The central issue will be whether the actions of two of the organizers of a peaceful protest should warrant criminal sanction,” the statement said.
Ms. Lich has worked primarily in the oil and gas sector and is based in Medicine Hat. She is a former member of the governing council of the separatist Maverick Party in Alberta. Mr. Barber is a commercial truck driver from Swift Current, Sask.
Separate from the criminal trial, Ms. Lich and Mr. Barber have also been named in a proposed $300-million class-action lawsuit. It calls for compensation after residents, businesses and workers in downtown Ottawa said they experienced “harms and losses” because of the protests.
The Justice Centre for Constitutional Freedoms (JCCF), based in Calgary, said it is providing legal counsel for individuals named in the class-action lawsuit, including Ms. Lich and Mr. Barber.
Earlier this year, an organization called the Democracy Fund assumed fundraising responsibility for Ms. Lich’s legal bills for her criminal trial. Their website notes that Ms. Lich retained Lawrence Greenspon, one of Ottawa’s top lawyers, who is “accustomed to handling complex and serious cases” and “worth every penny.”
The Ottawa truck convoy has revealed the ugly side of freedom
JCCF president John Carpay said the Justice Centre continues to receive donations for Mr. Barber’s defence and “other Canadians unjustly accused.”
In an interview on a YouTube channel last month, Mr. Barber said the criminal trial amounts to a “precedent-setting case” for anyone in Canada protesting.
The trial for Ms. Lich and Mr. Barber is expected to draw considerable attention, both from their supporters and those who vocalized dismay about the effects of the blockade of downtown Ottawa streets, including businesses that had to shutter their doors.
On Feb. 14, 2022, Prime Minister Justin Trudeau announced that he would invoke the Emergencies Act in response to the protests. The move granted the government extraordinary powers, including the ability to allow banks to freeze personal and corporate bank accounts without court orders.
Mr. Trudeau described the act’s use at the time as a “last resort,” taken in response to prolonged and disruptive demonstrations against pandemic restrictions.
Under provisions of the Emergencies Act, the federal government was required to call a public inquiry. Justice Paul Rouleau, an Ontario Court of Appeal judge, was appointed its commissioner. Public hearings were held last year, beginning in October.
In February of this year, Justice Rouleau released a report stating that Mr. Trudeau’s invocation of the act in response to the protests was appropriate. However, he said in the report: “I do not come to this conclusion easily, as I do not consider the factual basis for it to be overwhelming.”
Justice Rouleau’s report also documented errors made by police and government officials.
Ms. Lich and Mr. Barber were arrested on Feb. 17, 2022, prior to a major police operation to clear streets in the core of the capital after big rigs remained parked for more than three weeks. The Ottawa Police Service had also called for protesters to leave the area. The City of Ottawa had issued a statement of emergency over the protests on Feb. 6.
Ms. Lich’s role in organizing the convoy included launching an online fundraising campaign through platform GoFundMe, where millions of dollars were collected for the protest. GoFundMe later cancelled the campaign and said it would refund all of the money to donors. The online fundraising platform has since confirmed it returned all funds.
This summer, Ms. Lich held events as part of a book tour after the publication of Hold the Line: My Story from the Heart of the Freedom Convoy. “Hold the line” was a message that Ms. Lich relayed to other protesters and supporters during the protest in the event of her arrest.
Publication promotions describe Ms. Lich as the “woman at the heart of the trucker convoy” who is a “passionate organizer; loving mother and grandmother; proud Métis and proud Albertan; and defiant political prisoner, jailed for daring to criticize the government.”
In the book, Ms. Lich describes her experience during the convoy, including her arrest, and said the inquiry proved “we were a grassroots movement of real Canadians who simply wanted to come to the nation’s capital to be heard.”