Trial for 'Freedom Convoy' organizers tackles central question: was protest lawful?
The lawyers involved in the criminal trial of two “Freedom Convoy” organizers are finally confronting the central question of the case: whether or not the 2022 protest that gridlocked Canada's national capital for weeks was a legal expression of Charter rights.
Chris Barber and Tamara Lich, two of the most prominent leaders of the protest, have maintained that their only objective throughout the convoy was to organize and oversee a peaceful and legal demonstration, and that they encouraged people to follow the law.
Their lawyers told court repeatedly this week that the right to peaceful assembly and free expression is protected under the Canadian Charter of Rights. The Crown, however, argues that rights have limits, and that a protest isn't legal just because it's peaceful.
Barber and Lich are both charged with mischief and intimidation, and also face multiple charges that involve counselling others to break the law.
They helped to bring thousands of big rigs and other vehicles to Ottawa, accompanied by massive crowds, as part of last year's sprawling, disruptive protest against COVID-19 public health restrictions, vowing not to stand down until the federal government complied with their demands.
On Feb. 14, after weeks of protests in the shadow of Parliament Hill, along with several similar but unaffiliated protests at the Canada-U. S. border and provincial legislatures, the federal government proclaimed a public order emergency. It was the first invocation of the Emergencies Act since it replaced the War Measures Act in 1988.
Barber's lawyer, Diane Magas, read the emergency proclamation aloud to the court Wednesday.
“We do further specify that the special temporary measures that may be necessary for dealing with the emergency, as anticipated by the Governor in Council, are measures to regulate or prohibit any public assembly - other than lawful advocacy, protest or dissent,” Magas recited.
“That's a very key factor, in my submission,” she told the judge.
Magas made the argument in response to the Crown's allegation that Barber and Lich worked together so closely that they should be considered co-conspirators, which would mean evidence against one of them would apply to both.
The defence says the Crown would have to prove they conspired to break the law, rather than to organize a peaceful and lawful protest.
“There is not one scintilla of evidence, either direct or indirect, to suggest a common unlawful purpose” involving Barber, Magas told court.
In the Crown's view, neither the protest nor the actions of Lich and Barber were lawful, said Crown attorney Siobhain Wetscher, an observation that amused Ontario court Justice Heather Perkins-McVey.
“I know,” Perkins-McVey laughed. “That's why we're here.”
Wetscher's co-counsel, Tim Radcliffe, pointed to dozens of pleas by Lich and Barber for protesters to remain peaceful, unified and loving. Those statements were akin to asking people to remain non-violent, but not to remain lawful, he said.
“That was the plea to those on the bandwagon,” Radcliffe said.
The defence hasn't mounted any constitutional challenges, which makes the question of whether the protest was a constitutionally protected form of expression or assembly irrelevant, Wetscher added. “We're dealing with criminal offences.”
Radcliffe said all Perkins-McVey has to consider is whether streets were blocked and property was interfered with, and whether Lich and Barber were party to those crimes.
The Crown is expected to continue its argument Thursday, but has not yet indicated when they believe the alleged conspiracy began, or who was involved besides Barber and Lich.
Magas took the court through a timeline of events during the Freedom Convoy protest, including examples of times Barber encouraged protesters to follow the advice of police and leave downtown Ottawa in order to set up camp outside the city.
In one private text exchange, a protester told Barber they had arrived at a staging area on Coventry Road, outside the city's core, during the second week of the protest.
“Ok, stay there or go to exit 88,” Barber responded, referencing a rural staging area about 45 kilometres outside of Ottawa. Both staging areas had been recommended by police.
This report by The Canadian Press was first published Nov. 29, 2023.
IN DEPTH
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
Canucks pull off comeback, top Predators 4-3 in OT
Elias Lindholm scored 1:02 into overtime and the Vancouver Canucks came all the way back to beat the Nashville Predators 4-3 in Game 4 of their first-round playoff series on Sunday.
CDC says it's identified 1st documented cases of HIV transmitted through cosmetic needles
Three women diagnosed with HIV after getting 'vampire facial' procedures at an unlicensed medical spa are believed to be the first documented cases of people contracting the virus through a cosmetic procedure using needles.
All London Drugs stores closed across Western Canada due to system issue
All 79 locations of pharmacy and retail chain London Drugs are shut down Sunday, and there is no estimate on when they will be back open.
Deadly six-vehicle crash on Highway 400 sparked by road rage incident
One person was killed in a six-vehicle crash on Highway 400 in Innisfil Friday evening.
Aerial photos show wide devastation left by a deadly tornado in China's Guangzhou
Aerial photos posted by Chinese state media on Sunday showed wide devastation in part of the southern city of Guangzhou after a tornado swept through the day before, killing five people, injuring dozens others and damaging more than 140 buildings.
Ontario to ban use of cellphones in school classrooms starting in September
Ontario is introducing a suite of measures that will crack down on cellphone use and vaping in schools.
Australian prime minister describes domestic violence as a 'national crisis' after protests
Australia's Prime Minister Anthony Albanese on Monday described domestic violence as a 'national crisis' after thousands rallied around the country against violence toward women.
Casey DeSmith won’t start Game 4 for the Canucks
Rookie goalie Arturs Silovs will start in net for the Vancouver Canucks when they face the Nashville Predators in Game 4 of their first-round playoff series Sunday.
Putin likely didn't order death of Russian opposition leader Navalny, U.S. official says
U.S. intelligence officials have determined that Russian President Vladimir Putin likely didn't order the death of imprisoned opposition leader Alexei Navalny in February, according to an official familiar with the determination.
Local Spotlight
Haida Elder suing Catholic Church and priest, hopes for 'healing and reconciliation'
The lawyer for a residential school survivor leading a proposed class-action defamation lawsuit against the Catholic Church over residential schools says the court action is a last resort.
Kitchener family says their 10-year-old needs life-saving drug that cost $600,000
Raneem, 10, lives with a neurological condition and liver disease and needs Cholbam, a medication, for a longer and healthier life.
DonAir force takes over at Oilers playoff games
As if a 4-0 Edmonton Oilers lead in Game 1 of their playoff series with the Los Angeles Kings wasn't good enough, what was announced at Rogers Place during the next TV timeout nearly blew the roof off the downtown arena.
'It was instant karma': Viral video captures failed theft attempt in Nanaimo, B.C.
Mounties in Nanaimo, B.C., say two late-night revellers are lucky their allegedly drunken antics weren't reported to police after security cameras captured the men trying to steal a heavy sign from a downtown business.
Fergus, Ont. man feels nickel-and-dimed for $0.05 property tax bill
A property tax bill is perplexing a small townhouse community in Fergus, Ont.
Twins from Toronto were Canada's top two female finishers at this year's Boston Marathon
When identical twin sisters Kim and Michelle Krezonoski were invited to compete against some of the world’s most elite female runners at last week’s Boston Marathon, they were in disbelief.
Mystery surrounds giant custom Canucks jerseys worn by Lions Gate Bridge statues
The giant stone statues guarding the Lions Gate Bridge have been dressed in custom Vancouver Canucks jerseys as the NHL playoffs get underway.
'I'm committed': Oilers fan skips haircuts for 10 years waiting for Stanley Cup win
A local Oilers fan is hoping to see his team cut through the postseason, so he can cut his hair.
'It's not my father's body!' Wrong man sent home after death on family vacation in Cuba
A family from Laval, Que. is looking for answers... and their father's body. He died on vacation in Cuba and authorities sent someone else's body back to Canada.