OTTAWA, ON: The Justice Centre for Constitutional Freedoms is disappointed that the Ontario Court of Justice has found Chris Barber, a trucker and trucking company owner from Swift Current, Saskatchewan, guilty of mischief for his involvement in the peaceful Freedom Convoy protest. The decision, released today, follows upon 45 days of hearings in a criminal trial stretching from September 2023 to September 2024.

Justice Heather Perkins-McVey delivered the decision this morning in the Ontario Court of Justice at the Ottawa Courthouse.

In January and February 2022, thousands of Canadians travelled to the nation’s capital to protest mandatory Covid vaccination policies. Vaccine mandates turned the millions of Canadians who chose not to receive a Covid vaccine into second-class citizens, denied them the right to travel, participate in sports, watch their children play sports, and visit ailing parents and grandparents in nursing homes. Mr. Barber, who himself had received the mandatory injection, travelled to Ottawa to protest the mandates he believed were harming not only the trucking industry but also all Canadians.

The federal government illegally invoked the Emergencies Act on February 14, 2022, to use violence to suppress the Freedom Convoy protests. On February 17, police arrested Mr. Barber on charges of mischief, intimidation, obstructing a highway, and counselling others to commit the same offences.

Mr. Barber pleaded “not guilty” to all charges on April 23, 2023, having done nothing other than peacefully exercise his freedoms of expression, association, and peaceful assembly – protected by section 2 of the Canadian Charter of Rights and Freedoms.

The criminal trial of Chris Barber and Tamara Lich, originally scheduled for 16 days, consumed massive resources of Crown prosecutors, taking place over a period of 45 days from September 5, 2023, to September 14, 2024.

Justice Centre President John Carpay, referencing the fact that 86 sexual assault cases have been tossed out in Ontario since 2016 due to court delays and insufficient court resources, stated, “Crown prosecutors in Ontario claim that they do not have enough resources to prosecute people accused of sexual assault and other serious crimes. People accused of serious crimes are walking away without facing trial because of extreme delays, supposedly caused by the Crown lacking adequate resources. Yet the Crown has devoted massive amounts of its limited time and energy to prosecuting peaceful protesters who exercised their fundamental Charter freedoms.”

“There seems to be a glaring double standard in prosecutions in Canada,” continued Mr. Carpay, “and it appears that the charges against Chris Barber and Tamara Lich were laid for political reasons. In July 2021, Winnipeg police stood by and watched as vandals tore down and damaged a statue of Queen Victoria on the legislature grounds, in broad daylight, which was criminal behaviour. But no charges were laid against individuals who wilfully destroyed property because they were protesting against residential schools that were established during the reign of Queen Victoria. The Manitoba Crown, while possessing abundant video evidence of this blatantly criminal conduct, announced that nobody would be charged or prosecuted. Yet when Tamara Lich and Chris Barber played an active role in the entirely peaceful 2022 Freedom Convoy protest in Ottawa, the Crown devoted its resources to an extensive, full-scale prosecution that dragged on for 31 months.”

In Regina, the Chief of Police attended and spoke at a rally for Black Lives Matter on June 5, 2020, in violation of Saskatchewan’s Covid restrictions. Yet police issued tickets to citizens who protested against lockdowns, and prosecutors were relentless in seeking convictions of those charged.

“If Tamara Lich and Chris Barber had played a leadership role in organizing protests against racism, transphobia or climate change, they would not have faced 45 days of trial over a period of 31 months,” concluded Mr. Carpay.

Counsel will carefully review the decision and confer with the client to determine any next steps.