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.

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.