Where the Lich, Barber Trial Stands After 7 Weeks

Freedom Convoy organizers Tamara Lich and Chris Barber wait for the Public Order Emergency Commission hearing to begin, in Ottawa on Nov. 1, 2022. (The Canadian Press/Adrian Wyld)

Seven weeks into the trial of Freedom Convoy organizers Tamara Lich and Chris Barber, the court still hasn’t heard from all witnesses.

Crown prosecutors decided to drop a bail violation charge against Ms. Lich on Oct. 23 in an attempt to limit the scope of the court and reduce ongoing delays in the trial. With the Crown’s argument dragging on nearly twice as long as expected, prosecutors have chosen to drop the bail violation charge to focus on the other charges Ms. Lich is facing.

Ms. Lich and Mr. Barber are charged with counselling to disobey a court order, counselling to obstruct police, and mischief that interferes with the use and enjoyment of property, for the role they played in organizing the trucker protest against COVID-19 vaccine mandates in early 2022.

The federal government invoked the Emergencies Act on Feb. 14, 2022, to bring the protest to an end, the first time the measure had been used since becoming law in 1988.

The Crown is attempting to establish that Ms. Lich and Mr. Barber had “control and influence” over the protesters and that they “crossed the line” when encouraging the protestersto “occupy” downtown Ottawa.

Ottawa Residents Testify

Justice Heather Perkins-McVey ruled on Oct. 11 that eight Crown witnesses were allowed to testify on the impact the trucker protest had on them, saying that limiting their ability to do so would “intrude on the Crown’s ability to call its case as it sees fit.”

In the days that followed, Ottawa residents and business owners spoke about the loud noises, harassment, and traffic disruptions they experienced during the three-week protest.

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One woman who worked at a local church said she was “overwhelmed by the trucks surrounding the church so I could not access it.” She also complained about the smell of diesel fumes, the sounds of honking, loud music, and public urination and defecation that she had witnessed.

Another Ottawa resident, who owns a women’s clothing store near the ByWard Market, said that her store’s sales “dropped dramatically” during the protest and that she was accosted by protesters for wearing a mask outdoors.

A male witness told the court that he had trouble getting food from grocery stores and was forced to buy expensive, noise-cancelling headphones to drown out the sound of honking and fireworks.

An employee with OC Transpo told the court the protests resulted in service to 150 bus stops being paused and 18 or 19 bus routes being impacted by the protesters’ vehicles.

Many of the Ottawa residents who testified are also plaintiffs in a proposed $300 million civil class-action lawsuit against Ms. Lich, Mr. Barber, and other protest organizers for the alleged harm Ottawa residents experienced during the protest.

Defence lawyers had previously argued the testimonies of the witnesses would amount to witness impact statements, which were inadmissible at that stage of the court proceedings. Because the defence is also prepared to admit the protest interfered with the lawful use, enjoyment, or operation of property of certain individuals and businesses, they said there was no need to call the witnesses to testify on a matter that was not in dispute.

Defence lawyers confirmed during cross-examination that the Ottawa residents who testified had no direct dealings with Ms. Lich or Mr. Barber.

Police Officers Testify on Protest

Several members of the Ottawa Police Service also took the stand, including Const. Isabelle Cyr, who was part of the Police Liaison Team (PLT). Const. Cyr, who was tasked with communicating with the protest leaders as they arrived in the city, said she and other officers instructed the protesters on where to park their trucks.

Const. Cyr testified that organizers required truckers to follow a code of conduct, which included rules against violence. The officer said she raised the concern that it would be difficult to control the protesters because of the various leaders and movements participating.

Const. Nicole Bach testified that, midway through the protest, Mr. Barber said he wanted to open up more space on Wellington Street for the trucks to park because he felt it would make the protest safer and bring it under control.

Const. Bach also said that Mr. Barber felt the protesters would not leave until they were given “acknowledgement” by Prime Minister Justin Trudeau.

The trial was stalled before Const. Bach could take the stand for a second day after it was discovered that a software upgrade had wiped data from the phones of at least two police officers after the protest. A request by defence lawyers for more information about the software upgrade could halt the proceedings by as much as a week.

The defence lawyers asked Ottawa police to disclose the communication instructing Const. Bach and other officers to upgrade their phones. In response, the Ottawa police said this would require them to make a formal legal request.

That trial is expected to continue into 2024.