Tamara Lich leaves the courthouse in Ottawa after sentencing on Tuesday. She and Chris Barber were convicted of mischief in April for their roles in the 2022 trucker convoy protest.Spencer Colby/The Globe and Mail
Tamara Lich and Chris Barber, key organizers of the 2022 trucker convoy demonstrations in Ottawa, have both received 18-month conditional sentences on mischief charges, bringing an end to a legal saga stemming from the federal government’s pandemic restrictions.
Ontario Court Justice Heather Perkins-McVey effectively reduced Ms. Lich’s sentence to 15½ months with previous jail time credited. Ms. Lich was in custody for 49 days. The Alberta resident will be under house arrest for 12 months, then under a curfew of 10 p.m. to 5 a.m. for 3½ months. She must also perform 100 hours of community service.
Mr. Barber was sentenced to 18 months, of which 12 months will be house arrest and six months the same curfew. In addition to the initial sentence for mischief, he received a concurrent three months conditional sentence for counselling to disobey a court order. He must also perform the same 100 hours of community service as Ms. Lich.
Tuesday’s sentencing hearing brought scores of supporters of the accused to the downtown Ottawa court complex. Ahead of the hearing, about 20 held hands for a prayer circle, with supporter Melissa McKee calling, out loud, for divine guidance for the court.
In a ruling read over several hours, Justice Perkins-McVey acknowledged the harm that the protest imposed on Ottawa, declaring that the accused committed a serious form of mischief contrary to the Criminal Code.
“The Accused actions had a significant detrimental effect on the citizens of Ottawa who wanted nothing other than to carry on living in their community without having horns honking day and night, the roads impassable, blocked by noisy trucks emitting diesel fumes making it impossible at times to even exit their own building and for other cars and buses to enter the downtown core,” she said.
However, Justice Perkins-McVey flatly rejected sentence submissions from the Crown, who wanted seven years for Ms. Lich and eight years for Mr. Barber, as well as defence calls for absolute discharges.
She noted that persons prosecuted for robbery, aggravated assault or other violence rarely receive sentences in the range suggested by the Crown while the discharges proposed by the defence would, among other shortcomings, undermine confidence in the administration of justice.
‘Freedom Convoy’ leaders Tamara Lich and Chris Barber were both given 18-month conditional sentences for their roles in the protest that blockaded downtown Ottawa for several weeks.
The Canadian Press
Rather the judge talked about a middle ground where the accused did not commit the worst case of mischief, noting they came to Ottawa with a noble intent and did not advocate for violence.
The judge also said Ms. Lich and Mr. Barber have paid, to some degree, for their actions with Ms. Lich losing her employment, and receiving hate mail and threats while Mr. Barber has incurred more than $40,000 in travel expenses to attend court and faces threats to his ability to continue his cross-border trucking business.
In April, Ms. Lich and Mr. Barber were convicted of mischief for their roles in the convoy protest, which led to the downtown of the nation’s capital being filled with protesters intent on denouncing vaccine mandates and other measures to deal with the pandemic.
With big-rig trucks parked on several downtown streets, the city declared a state of emergency, and Jim Watson, mayor at the time, said Ottawa police were unable to quell what he called an “insurrection” so additional police resources were required.
Chris Barber leaves the courthouse in Ottawa after being sentenced on Tuesday.Justin Tang/The Canadian Press
Eventually, Justin Trudeau, then the prime minister, invoked the Emergencies Act on Feb. 14, 2022, providing authorities with extraordinary powers. Nine days later, the government lifted the act after a massive police response cleared out the protesters.
A Crown hearing on seizing Mr. Barber’s truck, which was used in the protest, was scheduled to continue in November.
Lawrence Greenspon, Ms. Lich’s lawyer, was asked, after the hearing, whether he was satisfied with the sentence. “The main objective was to make sure she didn’t spend one more day in jail, and that was achieved,” Mr. Greenspon said outside the court.
Now he said he is considering an appeal of the conviction for Ms. Lich.
Mr. Greenspon acknowledged the impact of the protest on Ottawa, but added, “Freedom of expression and peaceful assembly do not come without some price and in a contest between the two, peaceful assembly, freedom of expression that encourages that, should win every time,” he said.
Meanwhile, Mr. Barber’s lawyer, Diane Magas, said she was not surprised by the sentences.
Ms. Magas said her interpretation of the sentence was that protest is to be encouraged, but that it cannot interfere with other people’s enjoyment of their property.