In addition to lengthy prison sentences, the Crown wants to seize Barber’s truck, which was used in the protest.

A forfeiture hearing on that matter is scheduled for Sept. 12.

Ontario Court Justice Heather Perkins-McVey said Thursday she wants to rule on the mischief sentence and truck forfeiture at the same time so that she does not deliver “piecemeal” decisions.

Lich and Barber were both found guilty of mischief in April for their roles in the convoy protest, which saw activists fill much of downtown Ottawa for three weeks beginning in late January 2022 to protest vaccine mandates and other pandemic measures.

The Crown is seeking a prison sentence of seven years for Lich and eight years for Barber, who was also found guilty of counselling others to disobey a court order.

The lawyers for both Lich and Barber are seeking absolute discharges for their clients, which would mean neither receives a criminal record.

On Thursday, Lich’s lawyer Lawrence Greenspon told the court that Lich has already spent 49 days in jail and has been under strict bail conditions for the last three-and-a-half years.

Greenspon argued that his client and Barber took “unprecedented” steps by working with police and city officials throughout the protest to limit the protest’s impact.

“This is an individual who came to this city with the best of intentions, as recognized by the judge. She has been under strict bail conditions for three-and-a-half years. She spent 49 days in jail for the offence of mischief,” Greenspon said during the hearing’s lunch break.

“And if one looks at the positive impact that she’s had on the lives of many Canadians and the community service that she has continued to do, there’s absolutely no reason for her to not receive an absolute discharge.”

Greenspon read a brief statement on Lich’s behalf that simply said “freedom is not free.” Accused are given a chance to address the court during sentencing submissions.

Barber’s lawyer Diane Magas said Wednesday that she is seeking an absolute discharge for her client because he has been on bail for the last three-and-a-half years without incident.

Greenspon became emotional at times while reading from dozens of support letters submitted on behalf of his client. He read out messages from people who said the convoy protest gave them hope after two years of the COVID-19 pandemic and associated public health measures they saw as government overreach.

“Tamara Lich, Chris Barber stood up for what they believed in and what many, many people — thousands of people across the country were not capable of standing up (for). And those people were inspired,” he said.

Crown prosecutor Siobhain Wetscher said during her sentencing submissions Wednesday that she is seeking stiff sentences for Lich and Barber because of the broad community harm caused by the three-week 2022 protest in Ottawa’s downtown core.

She said that she is seeking long sentences not because of Lich and Barber’s political beliefs but because of their actions during the protest.

Wetscher said that while Lich and Barber may have come to Ottawa with noble intentions, they continued to encourage people to take part in the protests even when it became impossible for them to ignore the effect it was having on downtown residents and businesses.

Greenspon said Thursday that it’s “facile and inaccurate” to say the Crown’s sentencing proposal sentence is not motivated by his client’s politics. He said Lich continually called for protesters to remain peaceful and can’t be held responsible for the actions of individuals at the demonstration.

Wetscher replied that while some people are fans of the convoy protest, it does not change the fact that it caused harm to people living and working in downtown Ottawa.

The defence raised issues with victim and community impact statements submitted by Wetscher. One of the statements came from fellow “Freedom Convoy” organizer Pat King’s case and others were sworn affidavits derived from a separate $300 million class action lawsuit filed against convoy organizers by downtown Ottawa residents.

Wetscher said that the statements are meant to capture the broad scope of the convoy’s impact.

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A lawyer for one of two leaders of the “Freedom Convoy” facing sentencing told an Ottawa court Wednesday her client should not be left with a criminal record.

Crown prosecutor Siobhain Wetscher said Wednesday she is seeking stiff sentences for convoy leaders Tamara Lich and Chris Barber because of the broad community harm caused by the three-week 2022 protest in Ottawa’s downtown core.

Outside the courthouse, a few demonstrators gathered with signs that protested vaccine mandates, called COVID-19 a “hoax”, and advocated, “free Tamara”. Among them was a billboard truck owned by far-right media website Rebel News touting an LED sign of Lich, accompanied by the words, “Tamara Lich stood up for democracy. Trudeau threw her in jail.”

The focus on Wednesday was on Barber, with Lich’s attorney set to present Thursday. Inside, the large courtroom was nearly full. Some of the observers gathered carried paper Canadian flags.

Diane Magas, Barber’s lawyer, told the court she wants an absolute discharge for her client because he’s been out on bail without incident for the last 3 1/2 years. That decision would mean Barber would not receive a criminal record.

While Barber did not address the court himself, Magas said “his intention was not to harm the people of Ottawa. It was an unfortunate consequence of what occurred in the protest.”

Magas said that if Ontario Court Justice Heather Perkins-McVey decides a criminal record is necessary, she wants to see Barber receive a suspended or conditional sentence to be served in his home community.

Lich and Barber were both found guilty of mischief in April for their key roles in the convoy protest, which filled downtown Ottawa for three weeks beginning in late January 2022 to protest vaccine mandates and other pandemic measures.

The Crown is seeking a prison sentence of seven years for Lich and eight years for Barber, who was also found guilty of counselling others to disobey a court order.

Lich’s lawyer Lawrence Greenspon is set to present his submissions Thursday.

Magas called the Crown’s sentencing proposal “cruel and unusual,” adding that Barber has no criminal record and is a respected member of his community.

“Considering all of the circumstances of the offence, given the fact there was no violence, the fact my client was advocating no violence whatsoever,” Magas said outside the courthouse Wednesday.

During her submissions, Magas referred the judge to several mischief sentences emerging from the massive protests that attended the 2010 Toronto G20 Summit — including one six-month sentence for a person who pleaded guilty to smashing windows in two police vehicles.

Perkins-McVey said it’s hard to draw comparisons between the G20 protests and the convoy protest because the crimes in Toronto were “old-fashioned mischief.”

She said that if someone smashes a $400 window, the damage has a tangible cost, while the damage from the convoy protest is less tangible. She said this makes for a difficult sentencing decision, one that she does not take lightly.

The convoy protest ended after the federal government invoked the Emergencies Act for the first time ever. The convoy was cleared out of Ottawa’s downtown core in a three-day police operation that began on Feb. 18, 2022.

The Crown is calling for a longer sentence for Barber because he was also found guilty of counselling others to disobey a court order related to an injunction against protesters honking truck horns. Lich was not charged with that offence.

Perkins-McVey said in her April decision that she found Lich and Barber guilty of mischief because they routinely encouraged people to join or remain at the protest, despite knowing the adverse effects it was having on downtown residents and businesses.

Wetscher said she is seeking these sentences because of what Lich and Barber did, not because of their political beliefs.

Wetscher said that while Lich and Barber may have come to Ottawa with noble intentions, they continued to encourage people to take part in the protests even when it became impossible for them to ignore the effect it was having on downtown residents and businesses.

The prosecutor said that while there are mitigating sentencing factors for both Barber and Lich, the overall effect of the protest outweighs them.

Magas also referred to the sentencing of fellow “Freedom Convoy” organizer Pat King for mischief and disobeying a court order in February.

The Crown sought a sentence of 10 years in prison for King but he was sentenced to three months of house arrest, 100 hours of community service at a food bank or men’s shelter and a year of probation.

He received nine months’ credit for time served before his conviction.

Wetscher said that while the protest was not violent, it was not peaceful. She read a summary of victim impact statements that include one from an employee of a downtown Ottawa church who talked about still feeling ill at the sight of large trucks with Canadian flags.

That drew some chuckles from the gallery.

The Crown also emphasized that although Lich and Barber may have had “innocent intentions” when coming to Ottawa, that was not how the demonstration ended.

Wetscher added that the Ottawa Police Service has reported policing the protest cost $55 million, while the City of Ottawa pegged its own convoy-related costs at over $7 million.

The prosecutor said that while Lich and Barber aren’t responsible for every dollar spent because of the protest, those cost figures give the judge a sense of the protest’s impact.

Barber attended court virtually Wednesday, while Lich attended in person.

Both Lich and Barber were found not guilty on charges of intimidation, counselling to commit intimidation, obstructing police and counselling others to obstruct police.

Perkins-McVey said intimidation carries a sense of menace or violence. She said that both Lich and Barber repeatedly called for protesters to remain peaceful throughout the protest.

As for obstructing police, Perkins-McVey said both were arrested without incident and were in custody before the main police operation began to clear downtown Ottawa.

Charges for counselling others to commit mischief were stayed at the request of the Crown.

with files from The Canadian Press

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The sentence includes 100 hours of community service at a food bank or men’s shelter, and one year of probation.

It comes on top of nine months King spent in custody before and during his trial.

The ‘Freedom Convoy’ organizer was clearly pleased when he left the court house for a smoke break after his decision was read. King was met with hugs and cheers from a crowd of a few dozen friends, family members and supporters.

King did not comment after his sentencing due to bail conditions for outstanding perjury and obstruction of justice charges. His lawyer Natasha Calvinho called the sentencing “very balanced.”

“If Mr. King was sentenced to 10 years in jail, which is what the Crown was asking, they would have essentially been making him a political prisoner. They would have been sentencing Mr. King for the sum total of everything that was done by every individual in the Freedom Convoy,” Calvinho said.

King was found guilty on five of nine charges in November, including mischief and disobeying a court order, for his role in the 2022 protest that took over downtown Ottawa for three weeks.

Justice Charles Hackland said King must remain at his residence during his house arrest, except for time spent on court appointments and community service and three hours on Monday afternoons to “get necessities for life.”

Hackland also told King he must not return to Ottawa except for court appearances and must stay away from six other convoy leaders, including Tamara Lich and Chris Barber.

Crown prosecutor Moiz Karimjee called for the maximum sentence for mischief — 10 years — arguing this was “the worst case” of mischief.

Hackland disagreed, citing a lack of aggravating factors like protest actions specifically targeting vulnerable populations.

Hackland said the convoy protest could easily have degenerated into widespread violence and property damage and described King as a “positive influence” due to his repeated calls on social media for participants to remain non-violent.

The judge said King’s sentence needs to be in line with mischief sentences received by other convoy protest participants in Ottawa, Windsor, Ont. and Coutts, Alta. Most of those sentences ranged from three to six months.

Hackland said King held additional responsibility due to being a leadership figure in the protest, but not enough to warrant a long sentence.

King issued an apology for his role in the protest and its impact on the residents of Ottawa during the pre-sentencing hearing, which Hackland characterized as “emotional” and “sincere.”

Calvinho said King plans to serve his house arrest back home in Alberta.

Karimjee declined further comment after the sentencing.

This report by The Canadian Press was first published Feb. 19, 2025.

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