Lich trial in Freedom Convoy case, Barber goes to closing arguments

Closing arguments in the trial of two leaders of the so-called Freedom Convoy are expected to be held in August.

Tamara Lich and Chris Barber are charged with property damage, intimidation and offences related to inciting others to break the law during the protests that took over downtown Ottawa for more than three weeks in early 2022.

The trial began in September but has been held up by delays. This week, lawyers for Lich and Barber announced they would not present their own evidence.

The final statements are expected to be presented between 13 and 15 August.

“We have reviewed the evidence presented by the Crown, all of which has been subject to cross-examination,” Lich’s lawyer Lawrence Greenspon said outside the courtroom on Friday.

“We are of the view that nothing needs or should be added to the evidence presented by the Crown that the defence really should add.”

Couple “crossed the line,” says Crown

Prosecutors Tim Radcliffe and Siobhain Wetscher argued that the case was not about Lich and Barber’s political views, but rather about how they “crossed boundaries” in committing the crimes they were accused of.

They used testimony from police officers and residents, hours of video evidence, and mountains of social media content and text messages to argue that the two defendants had control and influence over the protest.

“We look forward to making our closing arguments to the judge based on this evidence,” Greenspon said.

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

Defense attorneys argued throughout the trial that Lich and Barber cooperated with police and city officials and behaved peacefully during their stay in Ottawa.

Most of this week’s court session was spent debating how the judge would consider certain pieces of evidence in making her decision.

Lawyers for Lich and Barber accused the prosecution of “cherry-picking” evidence, while prosecutors accused the defense of the same thing.

Process marked by delays

Lich and Barber were arrested on February 17, 2022 – a day before police began clearing downtown streets of people protesting COVID-19 rules and expressing displeasure with the government. They travelled to Ottawa from Western Canada to attend their trial in person.

Barber, of Swift Current, Saskatchewan, was released one day after his incarceration in 2022.

Lich, of Medicine Hat, Alabama, spent 49 days in jail, spread over two stays. The first followed her initial arrest, the second followed her arrest on a nationwide warrant for violating bail conditions.

The trial was meant to determine whether and how the two should be punished for their roles in the weeks-long protests that clogged the city center and shocked many residents, but it was plagued by legal wrangling, technical delays, unprepared witnesses and disputes over the disclosure of police evidence.

The judge has six months after the closing arguments to make a decision. The maximum sentence for damage to property is ten years.