'Freedom Convoy' organizers' trial on scheduled break until after Thanksgiving

OTTAWA -

The trial of "Freedom Convoy" organizers Tamara Lich and Chris Barber has begun a scheduled break that will continue until after Thanksgiving.

The court finished hearing the testimony of Serge Arpin, the chief of staff to Ottawa's former mayor, on Friday.

He spoke about how the city responded to the protest that overwhelmed the downtown core for three weeks in early 2022.

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Arpin also testified about his interactions with convoy organizers while working out a deal with former mayor Jim Watson to move big-rig trucks out of residential neighbourhoods.

The evidence was originally due to be wrapping up by this point in the trial, which had been scheduled to last 16 days, but Arpin is just the fourth witness to finish his testimony.

The trial was expected to hear from 22 witnesses, leaving the court to ponder how much more time will be needed to reach the finish line.

Justice Heather Perkins-McVey, who is overseeing the trial, has identified several dates in October and November.

Lawrence Greenspon, the lawyer representing Lich, said he does not want to set new court dates until the Crown has established a new, more accurate time estimate for its case.

As of Friday, the trial is expected to resume Oct. 11.

Lich and Barber are charged with mischief and counselling others to commit offences such as mischief and intimidation for their role in organizing and prolonging the demonstration.

The defence questioned Arpin Friday about how city council and staff attempted to put an end the protest. As the mayor's chief of staff, Arpin told the court he sat in on every council meeting.

He was grilled about a bylaw change on Feb. 9 last year that banned idling in a vehicle unless the temperature fell at or below -15 C. The bylaw originally allowed idling if the temperature was below 5 C.

"City council ... was attempting to freeze out the truckers and their families," Greenspon told the court.

Arpin said he believed the intention was to bring the demonstration to an end.

Arpin was also involved in the deal between Watson, Lich and other organizers to move trucks out of residential neighbourhoods and onto Wellington Street, in front of Parliament Hill.

He texted back and forth with the convoy organizers' lawyer Keith Wilson on Feb. 14 and 15 in an exchange that was filed as evidence in the trial.

The texts suggest city staff did not give protest organizers or their lawyers a heads-up about plans to file a court injunction against demonstrators who violated city bylaws.

"Just so you know, it is highly irregular for the city's lawyers to have done this without providing us lawyers here with notice," Wilson wrote to Arpin on Feb. 15.

"This could change everything."

Arpin told Wilson he was under the impression they knew about the court filing, but said in court that he never informed them himself until after the injunction was granted by a judge.

Lawyers representing the convoy organizers were not given an opportunity to oppose the application in court at the time.

The deal between Lich and the mayor fell apart later that day when police would no longer allow trucks to move closer to Parliament.

Arpin confirmed the police service underwent a change in command that day as a result of the police chief's resignation.

He apologized to Wilson at the time, the text messages show.

"Our goal has always been de-escalation and I know you share this goal," he texted to Wilson on the 16th.

The Crown hopes to pick up its case in October with eight local witnesses from Ottawa who lived or worked downtown during the Freedom Convoy protest.

Lich and Barber have already admitted that there was mischief taking place in the protest zone.

Greenspon has argued that the testimony of those witnesses would be akin to victim impact statements, and therefore shouldn't be allowed to be heard during the trial.

Perkins-McVey said she doesn't know if she'll be ready to deliver her decision on that argument before the trial resumes next month.

This report by The Canadian Press was first published Sept. 22, 2023.