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Will Chris Barber be jailed for peacefully protesting? Court to decide soon

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“Big Red” (Courtesy of Chris Barber)

Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms announces that a decision on Chris Barber’s Stay of Proceedings Application—which, if granted, would halt the Crown’s proposal that Mr. Barber be imprisoned for two years or more—could arrive as early as Friday, May 23, 2025.

The hearing is scheduled for 10:00 a.m. in Room 5 at the Ottawa Courthouse from Wednesday to Friday, May 21 to 23, 2025.

Mr. Barber’s legal team will argue that he followed the advice of officials and the police in good faith during the protest and that the charges should be stayed despite his conviction for mischief and for counselling others to breach a court order on April 3, 2025.

In court documents submitted to the judge, the Crown claims that there is no merit to Mr. Barber’s Application and that it should be thrown out. The Crown argues that he knowingly broke the law during the peaceful Freedom Convoy protest. The Crown is also demanding that Mr. Barber’s primary source of income, his 2004 Kenworth long haul truck, called “Big Red,” be seized and forfeited to His Majesty the King.

If Justice Heather Perkins-McVey of the Ontario Court of Justice grants the Application, sentencing would not proceed, and the charges would be stayed. Mr. Barber is expected to testify on Wednesday, May 21, 2025, to explain the official advice he followed.

Diane Magas, Mr. Barber’s lawyer, explained that an “officially induced error defence” is rarely used but that it is an appropriate defence in the particular circumstances of this case.

Mr. Barber is a trucker from Saskatchewan and a central figure in the 2022 Freedom Convoy. The grassroots Freedom Convoy protest began in January 2022 as a response to federal and provincial Covid vaccine mandates, particularly those affecting cross-border truckers. As mandates increasingly tied Canadians’ ability to work, travel, and participate in public life to their vaccination status, frustration grew among those who felt sidelined for exercising their right to bodily autonomy. What started as a convoy of trucks rolling toward Ottawa quickly grew into a broader national demonstration, drawing thousands of supporters from across the country.

“To imprison a man who sought and followed legal advice would bring the administration of justice into disrepute,” stated John Carpay, President of the Justice Centre. “Mr. Barber consistently followed the legal advice that he received from police officers, lawyers, and a Superior Court judge.”

A sentencing hearing will proceed at a later date, only if the Stay of Proceedings Application should fail.

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COVID-19

Court compels RCMP and TD Bank to hand over records related to freezing of peaceful protestor’s bank accounts

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Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms announces that a judge of the Ontario Court of Justice has ordered the RCMP and TD Bank to produce records relating to the freezing of Mr. Evan Blackman’s bank accounts during the 2022 Freedom Convoy protest.

Mr. Blackman was arrested in downtown Ottawa on February 18, 2022, during the federal government’s unprecedented use of the Emergencies Act. He was charged with mischief and obstruction, but he was acquitted of these charges at trial in October 2023. 

However, the Crown appealed Mr. Blackman’s acquittal in 2024, and a new trial is scheduled to begin on August 14, 2025. 

Mr. Blackman is seeking the records concerning the freezing of his bank accounts to support an application under the Charter at his upcoming retrial.

His lawyers plan to argue that the freezing of his bank accounts was a serious violation of his rights, and are asking the court to stay the case accordingly.

“The freezing of Mr. Blackman’s bank accounts was an extreme overreach on the part of the police and the federal government,” says constitutional lawyer Chris Fleury.

“These records will hopefully reveal exactly how and why Mr. Blackman’s accounts were frozen,” he says.

Mr. Blackman agreed, saying, “I’m delighted that we will finally get records that may reveal why my bank accounts were frozen.” 

This ruling marks a significant step in what is believed to be the first criminal case in Canada involving a proposed Charter application based on the freezing of personal bank accounts under the Emergencies Act. 

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Alberta

COVID mandates protester in Canada released on bail after over 2 years in jail

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Chris Carbert (right) and Anthony Olienick, two of the Coutts Four were jailed for over two years for mischief and unlawful possession of a firearm for a dangerous purpose.

From LifeSiteNews

By Clare Marie Merkowsky

The “Coutts Four” were painted as dangerous terrorists and their arrest was used as justification for the invocation of the Emergencies Act by the Trudeau government, which allowed it to use draconian measures to end both the Coutts blockade and the much larger Freedom Convoy

COVID protestor Chris Carbert has been granted bail pending his appeal after spending over two years in prison.

On June 30, Alberta Court of Appeal Justice Jo-Anne Strekaf ordered the release of Chris Carbert pending his appeal of charges of mischief and weapons offenses stemming from the Coutts border blockade, which protested COVID mandates in 2022.

“[Carbert] has demonstrated that there is no substantial likelihood that he will commit a criminal offence or interfere with the administration of justice if released from detention pending the hearing of his appeals,” Strekaf ruled.

“If the applicant and the Crown are able to agree upon a release plan and draft order to propose to the court, that is to be submitted by July 14,” she continued.

Carbert’s appeal is expected to be heard in September. So far, Carbert has spent over two years in prison, when he was charged with conspiracy to commit murder during the protest in Coutts, which ran parallel to but was not officially affiliated with the Freedom Convoy taking place in Ottawa.

Later, he was acquitted of the conspiracy to commit murder charge but still found guilty of the lesser charges of unlawful possession of a firearm for a dangerous purpose and mischief over $5,000.

In September 2024, Chris Carbert was sentenced to six and a half years for his role in the protest. However, he is not expected to serve his full sentence, as he was issued four years of credit for time already served. Carbert is also prohibited from owning firearms for life and required to provide a DNA sample.

Carbert was arrested alongside Anthony Olienick, Christopher Lysak and Jerry Morin, with the latter two pleading guilty to lesser charges to avoid trial. At the time, the “Coutts Four” were painted as dangerous terrorists and their arrest was used as justification for the invocation of the Emergencies Act by the Trudeau government, which allowed it to use draconian measures to end both the Coutts blockade and the much larger Freedom Convoy occurring thousands of kilometers away in Ottawa.

Under the Emergency Act (EA), the Liberal government froze the bank accounts of Canadians who donated to the Freedom Convoy. Trudeau revoked the EA on February 23 after the protesters had been cleared out. At the time, seven of Canada’s 10 provinces opposed Trudeau’s use of the EA.

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