Freedom Under Fire: Canada’s Longest 'Mischief' Trial Exposes the State's War on Peaceful Protest

The longest “Mischief” trial in Canada’s history has finally concluded, marking the end of a drawn-out legal battle against two of the most prominent organizers of the Freedom Convoy protest: Tamara Lich and Chris Barber. After 45 days of evidence, legal arguments, and what many consider state overreach, the trial wrapped up at 12:30 PM today, although a verdict may not come for another six months.

At a press conference held outside the Ottawa Courthouse, Laurence Greenspon, the defense lawyer representing Tamara Lich and Chris Barber, addressed the media. He reiterated that both Lich and Barber were exercising their fundamental constitutional rights to peaceful protest during the Freedom Convoy. Greenspon highlighted two key points: the unprecedented judge’s orders that allowed Lich and Barber to continue their peaceful demonstrations and the fact that Ottawa police had initially directed the protesters on how to enter the city. He criticized the prosecution for pouring excessive resources into what should have been a straightforward mischief charge. He raised concerns about the broader impact this trial could have on civil liberties across Canada.

This trial has symbolized more than just the charges of mischief, intimidation, and counseling others to break the law. For Lich and Barber, it’s been a fight for the fundamental constitutional rights of peaceful protest in Canada—a fight that, in the eyes of many, has been unfairly punished by an overzealous prosecution and a state intent on making an example out of those who dared to challenge the government’s draconian COVID-19 mandates.

A Trial Marred by Complexity

Originally scheduled to last just 16 days, this trial stretched on for over a year, bogged down by delays, complex legal arguments, and an overwhelming amount of evidence. Justice Heather Perkins-McVey admitted the sheer volume of information was daunting, making it unclear when a final decision would be reached. Despite the state’s evident desire to see this case drag out indefinitely, the judge made it clear that the trial would end today, not next week or any other time in the future.

Ultimately, it wasn’t just the trial’s duration that made it historic—it was the implications. The state poured enormous resources into prosecuting these two, turning a mischief charge into a high-profile case about civil liberties. From endless testimonies about blocked streets, honking trucks, and idling engines, to Crown prosecutors painting a picture of life in Ottawa as unbearable, this trial showcased a government determined to vilify peaceful protesters exercising their Charter-protected rights.

The Defence: A Battle for Freedom

After a year of grueling court appearances, both Lich and Barber attended today’s proceedings via video conference from their homes in Alberta and Saskatchewan, respectively. As they waved to their supporters, the defense team, led by Canada’s renowned criminal defense and civil litigation lawyer, Laurence Greenspon, delivered a scathing critique of the Crown’s case. Greenspon argued that Lich and Barber were engaged in a peaceful, legal protest sanctioned by the Constitution. He pointed to the Ottawa police’s own directions for protesters entering the city as evidence that the state was, in fact, complicit in facilitating the protest’s early stages.

Greenspon highlighted the Charter’s protection of freedom of expression, asserting that there is no contest between this right and the discomfort of Ottawa residents. The Crown, however, took a different approach, arguing that “no right is without limits.” They claimed Lich and Barber’s calls to “hold the line” crossed the line from lawful protest into criminal activity, framing their actions as a conspiracy to pressure both the people of Ottawa and the federal government. The prosecution even went so far as to suggest that the close collaboration between the two organizers meant evidence against one should be applied to both.

But Greenspon fiercely rejected this narrative, calling it unprecedented and a dangerous infringement on civil liberties. He emphasized that protesting for policy change is legal and warned that convicting Lich and Barber would set a chilling precedent for future protests in Canada.

The State’s Relentless Targeting of Freedom Convoy Organizers

The state’s efforts to crush the Freedom Convoy didn’t stop with the trial’s endless proceedings. Lich, in particular, has been singled out and persecuted beyond reason. She’s already spent 49 days in jail, first after her initial arrest during the protests and again following a dubious bail breach last summer. Both she and Barber have had to rely on the Justice Centre for Constitutional Freedoms to cover their mounting legal costs, and they’ve been forced to raise funds for their defense, highlighting the financial and emotional toll this trial has taken.

Despite the state’s clear determination to silence them, Lich and Barber have remained resolute. Their unwavering commitment to their cause has turned them into symbols of resistance against government overreach.

What Comes Next?

Though the trial is over, the real battle is far from finished. A verdict could take months, with the judge acknowledging the complexity of the case. But one thing is clear: this trial has been about more than mischief charges—it’s been about the future of protest and civil liberties in Canada. Lich and Barber’s supporters and civil liberties advocates across the country see this case as a crucial test of whether the state can criminalize peaceful protest.

With the trial now concluded, many are left questioning the motives behind the Crown’s relentless pursuit of Lich and Barber. Was this about upholding the law or sending a message to anyone who dares stand up to the state? For many, the answer seems clear: the Freedom Convoy organizers have been unjustly targeted for daring to challenge the government’s pandemic overreach. This trial has not only been a waste of time and resources, but it has also exposed the lengths to which the state will go to crush dissent.

As Canada waits for the verdict, Lich and Barber remain symbols of defiance, standing up for the rights of every Canadian to peacefully protest without fear of state retribution.