Crown argues Lich, Barber acted together during Freedom Convoy

The criminal trial of Tamara Lich and Chris Barber saw Crown prosecutors detail Thursday why they think two leaders of what became the Freedom Convoy acted in a preconceived conspiracy to commit criminal acts during their time in Ottawa. 

Lich and Barber are on trial for committing mischief, obstructing police, counselling others to commit mischief and intimidation for their roles in the protest.

The two led protesters to Ottawa to rally against COVID-19 mandates and they stayed in the city protesting until they were arrested on Feb. 17, 2022.  

The defence is arguing the Crown has not shown enough evidence to convince the court the two were acting in a conspiracy, often referred to in court as a common unlawful design. 

They say Lich and Barber promoted peace throughout the protests, that they were non-violent and merely planning a protest is not illegal. 

The defence is asking the judge to dismiss the conspiracy allegation on the basis the demonstration wasn't violent and that simply planning a protest isn't an illegal act.

The Crown says the two acted in a conspiracy to break the law, and any evidence applying to one should apply to the other. 

They argue the conspiracy began on Jan. 29, the same day the two arrived in Ottawa.

'Spark that lit the fire'

The Crown pointed to examples of Lich being referred to as the "great leader of the truckers' movement" and the "spark that lit the fire" in videos posted to social media during the protests. 

Crown lawyer Tim Radcliffe argued the context of the figurative "megaphone" Barber and Lich had was significant, pointing to video evidence where people were excited to meet them because of their role as leaders in the protest. 

"Ms. Lich and Mr. Barber, they're not ordinary members of the occupation. They are leaders, publicly identified as such," he said. 

He showed a video of downtown Ottawa congested with protesters, telling the court "this doesn't happen by accident" and was the result of planning by Lich and Barber. 

Prosecutors also pointed to evidence from Barber's text messages sent to supporters, where he tells others the protest is "to cause grief" and that they "trainwrecked traffic" after the convoy's arrival in the city. 

The Crown argues Barber and Lich were together on several occasions throughout the protest and referred to the events in Ottawa as "our protest."

During the protests Lich was repeatedly identified as the president of the corporation set up on behalf of the protest organizers.

Barber was also publicly introduced on social media and at press conferences as a leader and organizer of the protest. 

The Crown showed evidence Barber had been told by police early in the protests — on Jan. 29, as he was arriving in the city — that they had to leave, but he told them that would only happen if mandates were dropped. 

Ottawa police escalated warning messages to the protesters, including Barber and Lich, as the situation dragged on.

The defence for Lich and Barber said the two were following the direction of police throughout the protests.

Warnings provided by police to demonstrators told protesters they must leave and anyone who didn't could be arrested for breaking the law.

"They stayed when they were unwelcome. They continued to do what the police said was unlawful," Radcliffe said.

Control and influence at heart of Crown's argument

The Crown is using the fact protesters, including Barber and Lich, didn't leave as evidence the phrase "hold the line" encouraged them to obstruct police, which they say took place a few days later when police began to remove protesters on Feb. 19.

The Crown intends to prove both had control and influence over the crowd.

When protesters first arrived in the city, Lich texted Barber to tell them she had spoken to the protest "command centre."

"They have a strategy to gridlock the city. I don't want to make those decisions on my own," she told Barber in a Jan. 30, 2022 text.

"OK," Barber responded. "I'll get dressed."

Lich laid out the group's demands for the federal government to drop COVID-19 vaccine mandates during a press conference a few days later.

"Our departure will be based on the prime minister doing what is right," Lich said on Feb. 3, 2022, court heard Thursday.

The trial continues Friday.