Tamara Lich to appeal mischief conviction
Tamara Lich will appeal the mischief conviction that arose from her participation in the 2022 Freedom Convoy protest against government mandates during the COVID-19 pandemic.
Tamara Lich will appeal the mischief conviction that arose from her participation in the 2022 Freedom Convoy protest against government mandates during the COVID-19 pandemic.
She filed a Notice of Appeal with the Ontario Court of Appeal on Tuesday.
“The Trial Judge materially misapprehended the evidence and/or made unreasonable findings by failing to give effect to the absence of evidence linking the Appellant to mischief committed by others,” it reads.
“On the evidence, the Appellant did not have a truck nor provide any directions or encouragement to vehicles, she did not encourage blocking roads, honking horns, or proliferating diesel fumes at any time or in any way. There was clear and uncontradicted evidence that she did not exert control over all present.”
The appeal seeks to have her conviction overturned, reaffirming that peaceful protest is not a crime.
Lich will be represented by Lawrence Greenspon and his legal team at Greenspon Granger Hill, and her legal fees will be covered by the Democracy Fund.
Greenspon argued that the trial judgment fundamentally misunderstood the evidence and infringed on core Charter protections.
“Despite substantial evidence that Ms. Lich consistently encouraged protesters to remain peaceful, lawful, and safe, the Crown failed to establish any direct connection between her actions and the alleged misconduct of others,” wrote TDF in a press release.
“The conviction rests on an impermissible theory of collective guilt rather than individual responsibility.”
The group also argued that her sentence violates Lich’s freedom of expression rights because the trial judge failed to recognize that her communications encouraging peaceful protest are protected by Section 2(b) of the Canadian Charter of Rights and Freedoms.
Lich believes that criminalizing such expression has set a dangerous precedent for all Canadians’ right and ability to dissent.
“TDF is proud to stand with Tamara Lich in this critical appeal. This case is about more than one individual—it’s about whether Canadians can peacefully challenge government overreach without fear of criminal prosecution,” said TDF’s litigation director Mark Joseph.
“The Freedom Convoy was a historic exercise of democratic rights, and this conviction threatens to chill free expression for generations to come.”