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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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Crown still working to put Lich and Barber in jail

Published on

From LifeSiteNews

By Anthony Murdoch

The Crown’s appeal claims the judge made a mistake in her verdict on the intimidation charges, and also in how she treated aggravating and mitigating factors regarding sentencing.

Government lawyers for the Crown have filed an appeal the acquittals of Freedom Convoy leaders Tamara Lich and Chris Barber on intimidation charges.

The Crown also wants their recent 18-month conditional sentence on mischief charges replaced with harsher penalties, which could include possible jail time.

According to the Justice Centre for Constitutional Freedoms (JCCF), it is “asking the Ontario Court of Appeal to enter a conviction on the intimidation charge or order a new trial on that count,” for Barber’s charges.

Specifically, the Crown’s appeal claims that the judge made a mistake in her verdict on the intimidation charges, and also in how she treated aggravating and mitigating factors regarding sentencing.

As reported by LifeSiteNews, both Lich and Barber have filed appeals of their own against their house arrest sentences, arguing that the trial judge did not correctly apply the law on their mischief charges.

Barber’s lawyer, Diane Magas, said that her client “relied in good faith on police and court direction during the protest. The principles of fairness and justice require that citizens not be punished for following the advice of authorities. We look forward to presenting our arguments before the Court.”

On October 7, Ontario Court Justice Heather Perkins-McVey sentenced Lich and Chris Barber to 18 months’ house arrest after being convicted earlier in the year of “mischief.”

Lich was given 18 months less time already spent in custody, amounting to 15 1/2 months.

The Lich and Barber trial concluded in September 2024, more than a year after it began. It was originally scheduled to last 16 days.

As reported by LifeSiteNews, the Canadian government was hoping to put Lich in jail for no less than seven years and Barber for eight years.

LifeSiteNews recently reported that Lich detailed her restrictive house arrest conditions, revealing she is “not” able to leave her house or even pick up her grandchildren from school without permission from the state.

As reported by LifeSiteNews, Lich, reflecting on her recent house arrest verdict, said she has no “remorse” and will not “apologize” for leading a movement that demanded an end to all COVID mandates.

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Freedom Convoy leader Tamara Lich to appeal her recent conviction

Published on

From LifeSiteNews

By Anthony Murdoch

Lawyers will argue that there is no evidence linking Tamara Lich ‘to the misdeeds of others.’

Freedom Convoy leader Tamara Lich said she will appeal her recent mischief conviction in an Ontario court, with her lawyers saying “there was no evidence linking her to the misdeeds of others.”

In a press release late yesterday, Lich’s legal team, headed by Lawrence Greenspon, Eric Granger, and Hannah Drennan, made the announcement.

“Lawyers for Tamara Lich filed Notice of Appeal in the Ontario Court of Appeal of the conviction for mischief arising out of the Freedom Convoy,” the release stated.

Lich’s legal team noted that there are two reasons for the principal grounds of appeal.

“While there was substantial evidence that Tamara encouraged the protesters to be peaceful, lawful and safe, there was no evidence linking her to the misdeeds of others,” they said.

The second reason for the appeal, according to Lich’s lawyers, is that the “trial judge failed to give effect to the principle that communication that would otherwise be mischief is protected by section 2(b) of the Charter, freedom of expression.”

On October 7, Ontario Court Justice Heather Perkins-McVey sentenced Lich and Chris Barber to 18 months’ house arrest after being convicted earlier in the year of “mischief.”

Lich was given 18 months less time already spent in custody, amounting to 15 1/2 months.

As reported by LifeSiteNews, the Canadian government was hoping to put Lich in jail for no less than seven years and Barber for eight years for their roles in the 2022 protests against COVID mandates.

As reported by LifeSiteNews, Lich, reflecting on her recent sentencing of over a year’s house arrest for her role in the 2022 Freedom Convoy, laid bare the fact that when all is said in done, seven years of her life will have been spent in a government-imposed “lockdown” in one form or another.

LifeSiteNews recently reported that Lich detailed her restrictive house arrest conditions, revealing she is “not” able to leave her house or even pick up her grandkids from school without permission from the state.

As reported by LifeSiteNews, Lich, reflecting on her recent house arrest verdict, said she has no “remorse” and will not “apologize” for leading a movement that demanded an end to all COVID mandates.

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