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Freedom Convoy Sentencing: Lich and Barber escape prison terms but will spend months in house arrest

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13 minute read

Court reporting from the X account of Right Blend 

The following highlights are from the X account of Right Blend who has been covering the Freedom Convoy trial at length.  For his complete coverage, please click on the title above or the X posting below.

1/ Tamara Lich and Chris Barber SENTENCING
The government has said Chris and Tamara should spend 8 and 7 years in prison respectively.  These are non-violent offences and first time offenders with impeccable family and professional lives. They are extraordinarily pro social and probably have some of the greatest public support for any convicted person in Canada in many, many years. Distinguished defence attorney Lawrence Greenspon said it himself. It’s very, very rare for him to be able to talk about the POSITIVE IMPACT of a client’s crime. Yet alone so extensively. The letters of support flooded in telling him just how much positive change the trucker protest made in their lives. Some said it saved them. And it’s all true.
In my humble opinion, the life-saving impact of the trucker protest vastly outweighs any negative impact of horns. Horns which Tamara never honked. Horns which they’re not responsible for. Other people’s actions. But the crown said no, they stood SHOULDER TO SHOULDER with them. They’re a principal and a party, and an aider and abettor to… Trucks parked on the street and horns. So 7+ years in jail? This is a dark day for our country. Pray for our country. Pray for Chris and Tamara. Follow this thread for my live tweets.
8/ The judge begins reading her sentence going over Tamara’s one conviction and Chris’ 2 convictions. She talks about the streets being gridlocked and Tamara spending 49 real days in jail. She talks about the unprecedented submissions made in this case and the long duration of the trial.
Although this sentence will draw a conclusion of these proceedings for Ms Lich, the crown’s forfeiture for Big Red will continue in November. Justice Heather Perkins McVey explains she previously explained the officially induced error motion was dismissed.
The crown seeks extraordinary and unprecedented sentence for Lich and Barber, 7 for Lich and 8 for Barber for additional conviction of disobey court order. Crown argues no precedent for something of this magnitude. That Lich and Barber are criminally liable for extraordinary harm and impact on Ottawa because of Freedom Convoy 2022 that they are leaders and organizers. It is argued the mischief had a broader impact and that the expressions did not represent beliefs but unlawful conduct.
The defence submits that the offence warrants absolute discharge or at least for Barber a non-custodial sentence. Defence for Barber argues it’s cruel and unusual punishment. Counsel for Ms Lich argues the request is untenable and this prosecution is not of means of Ms Lich but a minorty of others.
He argues there are 5 things of this case that reduce Lich’s moral blameworthiness.
1: means of others should [not apply to Lich]…
2: she never advocated unlawfulness of violance
3: there were other groups she did not control
4: considerable eforts of Lich and Barber to reduce means of others and no case of protesters working with police to reduce impact of others
5: The freedom convoy had a positive impact on thousands in this country.
Judge: the parties could not be further apart on their parties… much as this has highlighted the schisms of Canadians society… politics has no role in the courtroom and has no role in determining a fit and fair offence.
In determining sentence, must consider degree of offence, responsibility of accused and gravity.

 

24/ BACK IN SESSION.

Justice Heather Perkins-McVey of the Ontario Court of Justice continues.

Judge: as noted, at any sentencing the aggravating and mitigating factors are important in determining sentence

Aggravating:

Lich and Barber leaders of protest. Attended meeting to attend strategy of quote gridlocking city. Don’t know result of that meeting but by time of that meeting city already gridlocked as Mr Barber said in his texts.

They led significant convoy of trucks from western Canada. Their roles symbolic. Their messaging [important] … in sustaining protest. Ms Lich was primarily involved in fundraiser. Also encouraged others to come… said to incite others to [block streets and continue blockade]. While both took steps to help police but neither took steps to end protest.

Again Van Huigenbos, leadership in protest is aggravating factor especially when proudly undertaken and announced to others and police.

Protest lasted 3 weeks until enforcement. Neither Lich or Barber left until their arrest despite messaging the protest was unlawful. The excessive noise, fumes, and interruption of property distinguishes this case from shorter more contained events

… as noted in letter from mayor, community on edge and businesses teetering on edge of closing. Lich acknowledged in her letter many businesses cheering us on, but disturbing others.

At a press conference with Lich and others, a report stated people are fed up, blaring of noise, harassment of people on street. Counsel to convoy responded, you just heard Lich answer that question, not leaving until mandates lifted

Barber on Tiktok on Feb 4 stated few people in highrises dont like noises, dont know what i can help

Another tik tok feb 6, people getting pissed off… dont understand why… on your side, need an audience. Citizens of ottawa put pressure on gov… sorry it had to happen in your city.

In a news article quoting barber, he said we understand your frustration, wish there was another way to get it across. But responsibility lies with politicians… who refuse to engage in daiaglouge

 

28/ … I MUST REJECT BOTH SENTENCES OF CROWN AND DEFENCE

… the sentence must reflect society’s condemnation of such conduct. The accused committed serious form of mischief… it is a crime. The accused’s actions had detrimental effect on citizens of Ottawa who wanted to carry on without horns. The roads impassible by trucks emitting diesel fumes making it impossible at times to exit their building and buses to come

The sentence imposed must make clear many Canadians denounce and deter others… and the court must also considered both aggravating and mitigating factors

Given no criminal record, restrain plays a factor…

At sentencing hearing, defence submitted absolute sentence as fair and fit. In my view, such a sentence would be unfit… [quotes Sorano] the courts are overwhelmingly concerned with deterrence… it may be in accused favor for discharge… would send wrong message… would undermine confidence in administration of justice

The court equally rejects 7 and 8 years… it would also be unfit, unfair for the circumstances and principles of sentencing. Individuals accused of serious / violent crimes rarely receive a sentence of that term.

… [quoting Coutts cases]

 

33/ The court finds a [conditional sentence] appropriate and not risk to community.

Both accused have cooperated with bail. Arrest respectful. Neither accused pose risk to community if served [at home] Not going to impose probation after conditional sentence

 

34/ CHRISTOPHER BARBER, PLEASE STAND

CONDITIONAL SENTENCE OF 18 MONTHS FOR MISCHIEF

CONCURRENT 3 MONTHS FOR DISOBEY COURT ORDER

SERVED IN COMMUNITY WITH CONDITIONS:

As noted in Prune [sp], conditional sentence can be longer than jail…

The statutory conditions apply, be of the peace and be of good behavior, report to a supervisor, and after that at such times as required by or authorized by supervisor. This order will transfer to Saskatchewan.

You will remain within jurisdiction of the court unless written permission.

Once the matter is transferred can seek. Must notify change of name or occupation.

In addition, you shall remain within your residence or property of residence for first 12 months except for emergency of you or family or travelling to Stuart Valley for purposes of employment, or going to legal or religious service.

Once per week allowed out for 5 hours for necessities of life.

Also allowed out with prior written permission of supervisor to be carried with you and any other conditions as written by supervisor.

For remaining period of time will abide by curfew of being on property between 10 pm – 5 am except for employment, emergencies of him or family, or permission of supervisor.

 

38/ MS LICH RISES

I am also imposing a conditional sentence of 18 MONTHS.

Although your roles were different. I am subtracting 74 days. So sentence in 15.4 months. As previously noted, this is longer sentence than otherwise would have imposed if in custody for deterrence.

In addition to statutory conditions, I am ordering that you report today to a supervisor here or after such times the supervisor or anyone authorized. This matter will be transferred to Medicine Hat.

For first 12 month you are to be on house arrest to be in your house or on your property at all times except for travelling for court attendances, or medical emergencies for yourself or immediate family, I know you have grandchild on the way can we add grandchildren.

Travelling to or from employment. For medical appointments or religious gatherings. Or with written permission of supervisor. For 5 hours a week for necessities of life.

And I am granting an exception to be out for birth of your grandchild.

For the remaining 3.5 months to be in your residence between 10 pm and 5 am, except for employment or medical emergencies.

You are also going to perform 100 hours of community service under the control of your supervisor. The judge explains that this is to be worked out with the supervisor. Written permission.

Greenspon says those exceptions are fine.

The judge says she knows her work takes her to different places.  The crown asks for emailing [work] schedule as with Mr Barber.

 

39/ The crown clarifies victim surcharge. 400$ for Barber to 200$ for Lich. 60 days to pay. The matter is over. Barber will return virtually in November where the crown will continue trying to seize [steal] his truck Big Red.
40/ If you appreciated my report over the years, consider sending an etransfer to [email protected]

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Chris Barber will not see prison time for his role in peaceful Freedom Convoy

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Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms announces that the Ontario Court of Justice has handed Saskatchewan trucker and peaceful Freedom Convoy protester Chris Barber an 18-month conditional sentence and 100 hours of community service. 

The sentence will be served in his community. The Crown sought an extraordinarily harsh eight-year prison sentence for Mr. Barber, despite his entirely peaceful participation in the 2022 Freedom Convoy protest in Ottawa.

In today’s sentencing hearing, Justice Perkins-McVey stated that Mr. Barber “came with the noblest of intent and did not advocate for violence.” 

Justice Perkins-McVey went on to emphasize the peaceful nature of the 2022 Freedom Convoy, describing it as a non-violent protest, no property damage, no intent to harm critical infrastructure.” She noted that Mr. Barber moved his own truck and encouraged others to do the same, consistently promoting peaceful cooperation  with law enforcement. “The Court recognized Mr. Barber’s peaceful conduct and cooperation with police throughout the Freedom Convoy,” stated constitutional lawyer Diane Magas.  

Under the terms of the conditional sentence, Mr. Barber must remain on his property during the first 12 months of his sentence except for employment or travel related to legal, medical, or dental appointments, or religious services.  

The Justice Centre has funded the legal defence of Mr. Barber since 2022, maintaining that he peacefully exercised his Charter freedoms of expression and peaceful assembly when he joined thousands of Canadians in Ottawa to protest government-imposed vaccine mandates. 

Justice Centre President, John Carpay, reflected on the verdict with concern: “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.” 

“Rarely are protests of that magnitude so peaceful. And yet today, after undergoing the longest mischief trial in the history of Canada, with predictable negative impacts on their health, finances, and families, Justice Heather Perkins-McVey still chose to hand Chris an 18-month conditional sentence, to be served in his community, 100 hours of community service, and a curfew order,” he added. 

Fortunately, Justice Perkins-McVey did not accept the absurd recommendation of Crown Prosecutors to jail Chris for eight years and to jail Tamara for seven years. However, this sentence still goes too far, sending a chilling message to Canadians who freely exercise their Charter freedoms of expression, association and peaceful assembly.” 

“I thank every Canadian who stood with us in defence of Chris Barber and Tamara Lich these many years. Today’s outcome would certainly have been worse if generous donors had not provided these brave Canadians with the best possible legal defence.”

Ms. Magas continues to represent Mr. Barber in a separate proceeding opposing the Crown’s attempt to seize his 2004 Kenworth truck, “Big Red,” which remains the Barber family’s primary source of income. 

Those wishing to help cover the cost of Mr. Barber’s legal defence are encouraged to make a tax-deductible donation at www.jccf.ca.

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Biden admin put ‘anti-maskers’ on TSA no-fly list normally reserved for terrorists

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From LifeSiteNews

By Andreas Wailzer

Senior intelligence officers warned the Biden administration that putting individuals on the list for resisting mask mandates “is clearly unrelated to transportation security,” and that “TSA is punishing people for the expression of their ideas when they haven’t been charged, let alone convicted of incitement or sedition.”

The Biden administration placed some Americans who resisted mask mandates on a no-fly list typically reserved for suspected terrorists, an investigation has revealed.

As Fox News reported, the Department of Homeland Security (DHS) and the Transportation Security Administration (TSA) have uncovered that the Biden administration placed some Americans who had resisted mask mandates on a no-fly list, in addition to some individuals who were present at the Capitol on January 6, 2021.

Joe Biden’s TSA initiated “Operation Freedom to Breathe” in September 2021, even though the CDC had already relaxed its mask mandate six months prior. The operation placed 19 Americans on watchlists with various levels of restriction, with more than half being added to a no-fly list usually reserved for suspected terrorists.

Eleven of those individuals remained on the watchlists until the nationwide mask mandate, issued by the Biden administration, was lifted in April 2022.

“Biden’s TSA Administrator [David] Pekoske and his cronies abused their authority and weaponized the federal government against the very people they were charged with protecting,” Homeland Security Secretary Kristi Noem said in comments given to Fox News Digital.

“Biden’s TSA wildly abused their authority, targeting Americans who posed no aviation security risk under the banner of political differences,” she added. “President Trump promised to end the weaponization of government against the American people, and we are making good on that promise.”

The investigation by the agencies also revealed that the TSA, under Biden, placed about 280 individuals allegedly involved in the Capitol protests on January 6 on watchlists. Five of these individuals were put on the highest severity no-fly list.

Fox News Digital cites internal documents that show senior intelligence officers warned the Biden administration that putting individuals on the list for resisting mask mandates “is clearly unrelated to transportation security,” and that “TSA is punishing people for the expression of their ideas when they haven’t been charged, let alone convicted of incitement or sedition.”

One TSA intelligence officer expressed concern about placing individuals on watchlists who had been arrested at the Capitol on January 6. He said most people who were arrested “are technically curfew breakers,” and that “I hope we don’t end up adding them [to a watchlist] on just the arrest.”

The investigation also revealed that some individuals were placed on no-fly lists despite not being present at the Capitol on January 6, due to bad intelligence from the FBI under Biden.

Noem said that the DHS will be “referring this case to the Department of Justice and for Congressional investigation.”

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