Sentence hearing begins for Lich and Barber for 2022 Freedom Convoy

The longest and most expensive mischief trial in Canadian history resumed on Wednesday, as the sentencing hearing began for Chris Barber and Tamara Lich — key figures in the 2022 Freedom Convoy.

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The longest and most expensive mischief trial in Canadian history resumed on Wednesday, as the sentencing hearing began for Chris Barber and Tamara Lich — key figures in the 2022 Freedom Convoy protest.

On Wednesday, Ontario Court Justice Heather Perkins-McVey heard arguments from the Crown prosecutor and Barber’s defence lawyer about what might constitute an appropriate sentence for her client.

Barber and Lich were each found guilty of one count of mischief for their involvement in the Freedom Convoy protest of February 2022. Barber was also found guilty of an additional count of counselling others to disobey a court order.

One of the Crown prosecutors, Siobhain Wetscher, began the day by informing the judge that the government sought to impose a seven-year prison sentence for Lich and an eight-year sentence for Barber.

Wetscher told the judge that the February 2022 protest gripped the nation’s capital and caused disruptions for Ottawa businesses and non-profits.

Meanwhile, Diane Magas, Barber’s lawyer, told the court she sought a discharge for her client, noting that the eight-year sentence sought by the Crown was “way out of the range” of what would normally be imposed for mischief.

In particular, she drew the judge’s attention to several precedent-setting sentences involving particularly egregious mischief charges, such as a 2010 G20 protestor in Toronto who received only six months in custody after smashing two police cruisers.

Perkins-McVey said it would be difficult to draw comparisons between the G20 protests and the convoy protest because the crimes in Toronto were “tangible.”

“I would argue it’s much easier to sentence someone whose mischief involved taking a stick and smashing a window,” the judge remarked.

But Magas had even more reasons she thought her client should be discharged.

She additionally explained that her client instructed protestors to de-escalate and to remain peaceful, her client had no previous criminal record prior to the Freedom Convoy, her client had a bevy of supportive reference letters including from his ex-spouse, and in the three years of court proceedings since his arrest in February 2022, he has yet to breach any release orders.

Furthermore, Barber’s lawyer added that her client has already suffered significant consequences for his actions, including disruptions to his work and employment, incurring $40,000 in travel expenses related to the legal proceedings in Ottawa, facing a $900 million civil lawsuit, and having his bank accounts frozen for two months.

“Who froze the bank accounts?” Justice Perkins-McVey asked Barber’s lawyer on Wednesday.

“We don’t know. It happened under the Emergencies Act,” Magas replied.

“The Crown doesn’t have the authority to do that,” the judge said, as she peered downwards and shook her head.

After a brief recess, Magas later explained to the judge that emails between Barber and his bank branch manager showed the bank accounts were frozen at the direction of the RCMP.

More than three years removed from the 2022 Freedom Convoy, and several months after they were already deemed guilty of mischief for their involvement in an Ottawa protest against COVID-19 mandates, the Crown and defence still show few signs of agreement on how to proceed forward.

The sentencing hearing, including arguments from Lich’s lawyer, is expected to continue throughout the week.