The longest and most expensive mischief trial in Canadian history has finally come to an end this week with the sentencing of Chris Barber and Tamara Lich.

This trial has taken 45 days, stretched over two years. It began in September of 2023 and, according to Tamara, has cost Canadian taxpayers roughly $5 million to prosecute.

Neither Chris nor Tamara had prior criminal records, and it is well known that both fought to ensure the Freedom Convoy protest remained peaceful and respectful.

None of this mattered to the government, or their prosecutors of course; they set out to make an example of them from the start, while their only real ‘crime’ was to dare to stand against government policies that unlawfully restricted the movements, autonomy and freedoms of Canadians.

Chris Barber was found guilty of mischief and counselling disobedience of a court order. He has received a conditional sentence of 18 months to be served in the community, with an additional 3 months concurrent for counselling disobedience of a court order.

For the first 12 months he must stay on the family property, with exceptions for travelling to and from medical and legal appointments or religious services. He is permitted up to 5 hours per week for shopping for necessities, has exemptions for work as well as allowing him to support his parents with snow removal efforts. Further exceptions will be case by case, with written approval required. For the remaining 6 months he will be bound by a curfew from 10pm to 5am daily. His sentence will be transferred to his home province of Saskatchewan, where he will be supervised for the duration.

Tamara Lich was found guilty of mischief. For this she has been given a conditional sentence of 18 months, less time served, to be served in the community. She was given 74 days credit for the 49 days spent in pretrial confinement, bringing her sentence to 15.5 months.

Her first 12 months will be under house arrest with exceptions for medical emergencies, religious services, and attending the upcoming birth of her grandchild. She will also have up to 5 hours each week for shopping for necessities. Further exceptions will be case by case, with written approval required. After 12 months she will also be bound by a curfew from 10pm to 5am for the remaining 3.5 months. Her sentence will be transferred to Alberta where she will be supervised for the duration.

In addition to these punitive conditions, both Chris and Tamara will be required to complete 100 hours of community service each.

These heavy-handed restrictions are compounded by what they have both suffered already. Both have seen their bank accounts frozen and have suffered numerous negative impacts to their mental and physical health, finances and families. Both Chris and Tamara have continued to receive death threats and hate mail throughout. Tamara lost her job and was twice denied bail, being labelled “a danger to society” after, astonishingly, a Canada-wide warrant was issued for breaching bail conditions – a breach that didn’t happen yet still added an additional 30 days of jail time to her already unbelievable situation. And finally, their combined legal expenses, which have now topped $750,000 – together these represent the true price of being a political prisoner in Canada.

Both Chris and Tamara have become beacons for civil liberties and defenders of the right to peaceful protest.
John Carpay, president of the Justice Centre for Constitutional Freedoms (JCCF) and legal counsel for Chris Barber, expressed what we all believe, “Chris Barber and Tamara Lich should not have been convicted of criminal mischief in the first place. Not only was their cause noble, calling upon Ottawa to recognize the fundamental rights and freedoms of all Canadians during this country’s darkest chapter, but Chris and Tamara pursued their cause in a peaceful, cooperative, and respectful manner.” He points out that “rarely are protests of this magnitude so peaceful”, while expressing his disproval by adding, “this sentence still goes too far, sending a chilling message to Canadians who freely exercise their Charter freedoms of expression, association and peaceful assembly.

The irony is not lost that both Chris and Tamara are now being forced to complete community service, in addition to their sentences, given that the entire Freedom Convoy effort, and much of what they have both done since, has been done in service to their community.

Justice Heather Perkins-McVey highlighted several important details before delivering the sentences, details that were shared by Ezra Levant of Rebel News.

She correctly defined the Freedom Convoy as being non-violent, with no property damage, and no intent to harm critical infrastructure. Describing the convoy as a lawful, constitutionally protected form of protest, saying that it ‘morphed into mischief’, while also reiterating that both Chris and Tamara “came with the noblest of intent and did not advocate for violence.”

She went on to compare the case with others for justification, calling the crown’s attempts to liken the case to that of the Quebec Hydro sabotage absurd, pointing out that even robbery and aggravated assault cases rarely see sentences of that length (7-8 years). She brought up the G20 protests, claiming they were also significantly different – ultraviolent, with masks worn to commit assaults (yet many of those convicted did not receive jail time, despite the high levels of violence).

Justice Perkins-McVey acknowledged that their leadership roles were mostly symbolic in nature, with Tamara’s primary function as fundraiser and Chris’s function as logistic (coordinating trucks, operational functions). She agreed that Chris and Tamara could not have controlled everyone in attendance and again acknowledged that both had consistently emphasized peacefulness, being completely cooperative and respectful throughout their ordeal.

She mentioned a good-faith agreement that had been made to reduce the footprint of the protest – a plan that only failed once the police chief interfered.

She approved of Chris’s efforts to encourage protestors to cooperate with police, moving his own truck and coaching others to do the same.

She recognized that neither of them poses a danger to the community, having strong community ties and significant support from friends and family alike, and accepted that they have both been sufficiently deterred by their arrests and court proceedings. She commented on the somewhat ‘unprecedented’ efforts by Tamara to mitigate impact of the protest.

Despite all of this, she then went on to say that it would be unfit to deliver an absolute discharge, as defense council was requesting, saying it would “send the wrong message” and “undermine confidence in the administration of justice.” She found the closest comparison cases to be within other Freedom convoy outcomes, believing that a similar response (sentences served in the community) was appropriate. She settled on conditional sentencing with punitive conditions.

This is not quite the end of their journey though. Chris has yet to hear of the fate of Big Red, his 2004 Kenworth truck that has become a visual symbol of the Freedom Convoy for many, and the primary source of income for his family and business. The crown is trying to seize his truck; a date has been set for November 26th to address this.

Tamara’s legal team from The Democracy Fund have also confirmed their intention to appeal, stating, “This conditional sentence imposes significant restrictions on her liberty for actions that were fundamentally peaceful and aimed at upholding democratic values, we will continue to fight this case on appeal to ensure that the rights of all Canadians to protest without fear of undue punishment are protected.”

And, given that the crown had asked for 7 and 8 years in sentencing, it is highly expected that they too will appeal. Why not, it’s only taxpayer money after all.

To further highlight the absurdity of the prosecution’s demands (7-8 years of incarceration), and the unnecessarily punitive sentencing that the judge felt was fitting of a mischief charge, we need only look at the endless pro-Palestine protests disrupting our cities every day – plenty of noise and disruptions to traffic, businesses and residents yet no arrests, no charges, no restrictions, no frozen bank accounts, no unlawful Emergencies Act.

Here are two more comparable examples:

Waisuddin Akbari – convicted for threatening to bomb “every synagogue in Toronto”, with the stated goal of killing as many Jewish people as possible. The crown asked for only 6 months of jail time; his sentence was 60 days of house arrest followed by three years of probation.

Osama Ibrahim, former RCMP Officer – convicted of assault and crimes against a 16-year-old. The crown requested 12 to 15 months of jail time; he was given a 2-year conditional sentence to be served in the community.

They demand leniency for violent offenders yet push for the harshest of sentence for dissenting opinions.

With crimes on the rise in Canada we have seen many violent offenders being set free with a mere slap on the wrist, all by design. Meanwhile, political prosecutions are treated with unjustifiably harsh penalties. It is no secret that the Liberal government intends to remain soft on violent crime and domestic terrorism; Liberal policies that put Canadians at risk across the country. There is so much evidence of the fracturing of our justice system that it can no longer be denied.

We want to thank everyone who have stood by Chris and Tamara throughout this fiasco and share our sincere gratitude with both JCCF and The Democracy Fund for their excellent support.

Chris and Tamara have both been a shining example for freedom and strength. We’re honoured to call them friends and stand with them both through the anticipated appeals and look forward to a positive ending for all involved. Please continue to support their cause if you are able. This isn’t quite over yet.

You can help support Chris and his legal team by donating to the Justice Centre for Constitutional Freedoms. Click here to donate 

You can help support Tamara and her legal team by donating to The Democracy Fund. Click here to donate