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91ƵThey crossed the line91Ƶ: Prosecution summarizes case in Freedom Convoy trial

Organizers co-accused of mischief, intimidation and counselling others to break the law
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Freedom Convoy organizer Tamara Lich waits for the Public Order Emergency Commission to begin, Nov. 1, 2022 in Ottawa. THE CANADIAN PRESS/Adrian Wyld

Two prominent 91ƵFreedom Convoy91Ƶ organizers 91Ƶcrossed the line91Ƶ into criminal activity when they led a massive demonstration to Ottawa in 2022 and refused to leave, the Crown said in its final submissions on their criminal trial Tuesday.

Tamara Lich and Chris Barber were among several organizers who brought a huge number of demonstrators and big-rig trucks to Ottawa two years ago to protest pandemic-era public health restrictions and vaccine mandates.

Protesters flooded into the capital in 2022 at the tail end of the omicron wave of the COVID-19 pandemic and stayed in Ottawa for three weeks, blocking downtown roads around Parliament Hill with vehicles, blaring horns at all hours, blasting music over loudspeakers and setting off fireworks in the street.

The two organizers are co-accused of mischief, intimidation and several charges related to counselling others to break the law for their role in the demonstration.

Barber is also charged with counselling others to disobey a court order.

The noise, congestion, smells, scale and duration of the convoy all put it outside of the 91Ƶspectrum of what could be considered a lawful protest,91Ƶ Crown lawyer Siobhain Wetscher told the crowded courtroom on Tuesday.

She referred to several other cases related to the 91ƵFreedom Convoy,91Ƶ and while not all have resulted in convictions, she said 91Ƶnot a single decision characterized the convoy as a lawful demonstration.91Ƶ

The Crown91Ƶs case turns on whether Lich and Barber bear responsibility for the demonstration at large.

Wetscher also argued the two conspired in lockstep to organize an illegal protest and that evidence against one of them should apply to both.

The defence is expected to offer its closing arguments later this week. Lich and Barber91Ƶs lawyers have argued throughout the trial that organizing a protest is not an illegal activity and is protected under the Canadian Charter of Rights and Freedoms.

Lich arrived at the Ottawa courthouse to some fanfare from a small gathering of supporters who chanted 91ƵFreedom91Ƶ as she made her way inside.

The final chapter of the trial comes nearly a year after it first began. It was originally scheduled to last only 16 days in September 2023, but it has been plagued with delays over the disclosure of evidence, lengthy legal arguments and scarce court time.

The court heard from downtown Ottawa residents, police officers, and even the protesters themselves by way of social media posts they recorded during the protest.

The Crown argues Lich and Barber exerted influence over the crowd that stayed in Ottawa even as police tried to get them to leave. The group said it would stay to put pressure on governments to lift vaccine mandates.

91ƵIt91Ƶs all about group pressure,91Ƶ said Tim Radcliffe, co-counsel for the Crown.

He described Lich and Barber as 91Ƶmetaphorically standing shoulder-to-shoulder with those on the ground, exerting pressure on the residents of downtown Ottawa 91Ƶ to achieve a public policy end.91Ƶ

Justice Heather Perkins-McVey interjected with several questions and comments throughout the arguments, and challenged the Crown91Ƶs assertion that the purpose and the goals of the protest are beyond dispute.

Wetscher described several examples of Lich and Barber instructing protesters to 91Ƶhold the line,91Ƶ even as police prepared to launch a massive operation to put a stop to the demonstration.

91ƵWe have videos of the police saying 91Ƶhold the line,91Ƶ91Ƶ countered Perkins-McVey, to laughs and nods of approval from the supporters of the accused in the courtroom gallery.

91ƵThat phrase in and of itself 91Ƶ is used in different contexts at different times.91Ƶ

The court has scheduled three days to hear the final arguments in the case, as well as several extra days next week in case they go long.

91ƵWe will have ample time to ensure we are completed by next week,91Ƶ Perkins-McVey said.

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