Connect with us

COVID-19

$290 million lawsuit against Freedom Convoy participants designed to silence expression

Published

4 minute read

From the Justice Centre for Constitutional Freedoms

This lawsuit also seeks damages from citizens who donated to the peaceful protest.

Lawyers on behalf of Chris Barber, Tamara Lich, and other Freedom Convoy participants argue that the $290 million class action against them is designed to silence their expressionā€“expression the public had an interest in hearing [Image by Dave Chan/AFP via Getty Images]

OTTAWA, ON: TheĀ Justice CentreĀ announces that lawyers representing Tamara Lich, Chris Barber and other defendants against a class-action lawsuit brought by Zexi Li and other Ottawa residents will be in court this Thursday, December 14, 2023. Tamara Lich and the other defendants have filed an application to dismiss Zexi Liā€™s $290 million class action as a Strategic Lawsuit Against Public Participation (SLAPP)ā€“a lawsuit designed to silence the expression of peaceful protesters.

In February 2022, Ottawa residents Zexi Li and Geoffrey Delaney, Happy Goat Coffee Company, and a local union commenced a $290 million class-action lawsuit against Chris Barber, Tamara Lich, and other Freedom Convoy participants, seeking damages against peaceful protesters for allegedly causing a nuisance. This lawsuit also seeks damages from citizens who donated to the peaceful protest.

Anti-SLAPP legislation serves to protect defendants against ā€œStrategic Lawsuits Against Public Participationā€ (SLAPP)ā€“lawsuits designed to silence a defendantā€™s freedom of expression through threats of damages or costs. Anti-SLAPP motions are designed to end such lawsuits and are available to a defendant in any proceeding against them. Once an anti-SLAPP motion has been filed, the defendant must demonstrate that the proceeding against them arises from their expression that ā€œrelates to a matter of public interest.ā€ If the defendant can demonstrate that their expression does relate to a matter of public interest, the plaintiff must then demonstrate that their lawsuit has ā€œsubstantial meritā€ and that the defendant has no valid defence. A judge must then weigh the importance of the expression at stake against the importance of the plaintiffā€™s allegations of harm.

Lawyers in the Justice Centre network argue that the proceedings against Tamara Lich, Chris Barber and others do, in fact, arise from their expression. Donating to and participating in the Freedom Convoy amounted to an expression of support for the protest, and of disagreement with the Government of Canadaā€™s response to Covidā€“matters of public interest. Further, lawyers argue that Zexi Liā€™s class-action lawsuit contains factual and legal weaknesses; it is not obvious that the proceeding against the defendants has ā€œsubstantial merit.ā€ Finally, lawyers argue that the defendants do have valid defences and that the value of the expression at issue outweighs the allegations of nuisance against them.

On Thursday, December 14, 2023, the parties will proceed to oral argument at the Ontario Superior Court of Justice, arguing that the plaintiffsā€™ entire class-action lawsuit is, in fact, a SLAPP action disguised as a nuisance claim and that the lawsuit is merely intended to punish the defendants for participating in the 2022 Freedom Convoy protest. If successful, all or part of the class-action lawsuit will be dismissed.

Lawyer James Manson stated, ā€œZexi Liā€™s lawsuit engages the very purpose that ā€˜anti-SLAPPā€™ legislation was designed to address: an attempt to silence peaceful expression, and the right of defendants to participate in public debate.ā€

John Carpay, President of the Justice Centre, stated ā€œThe fundamentalĀ CharterĀ freedoms of expression, association and peaceful assembly must be vigorously protected and defended, whether they are attacked directly by government or indirectly through a misguided civil action.ā€

Todayville is a digital media and technology company. We profile unique stories and events in our community. Register and promote your community event for free.

Follow Author

COVID-19

Maxime Bernier slams Freedom Convoy leadersā€™ guilty verdict, calls Canadaā€™s justice system ā€˜corruptā€™

Published on

From LifeSiteNews

By Anthony Murdoch

The leader of the Peopleā€™s Party of Canada says Tamara Lich and Chris Barber were victims of a ‘political witch hunt.’

The leader of the Peopleā€™s Party of Canada (PPC) ripped Thursdayā€™s federal court ruling that found Freedom Convoy leaders Tamara Lich and Chris Barber guilty of mischief, saying the court siding with the government amounted to a ā€œpolitical witch hunt.ā€

ā€œIt is disheartening to learn that two of the heroes of the Freedom Convoy, @LichTamara and @ChrisBarber1975, have been found guilty of mischief in the longest and one of the costliest trials in Canadian history,ā€ Maxime BernierĀ wrote Thursday on X.

ā€œThis clearly was a political witch hunt.ā€

Bernier added that in his view the reality is that Canadaā€™s justice system is ā€œcorrupt.ā€

ā€œTrudeau and his ministers who illegally invoked the Emergencies Act and violated basic rights will go unpunished,ā€ he noted.

ā€œOur justice system is corrupt to the bones.ā€

On Thursday, Justice Heather Perkins-McVey, the federal judge overseeing the mischief trial, deliveredĀ her verdict, finding both Lich and Barber guilty of mischief.

Perkins-McVey seemed to agree with the Crownā€™s case that Lich and Barberā€™s influence on the Freedom Convoy constituted public mischief but did dismiss the Crownā€™s Carter Application accusing Lich and Barber of conspiracy outright.

Lich and Barber both faced six charges each, those being charges of mischief, obstruction, intimidation, and counseling others to commit mischief and intimidation. After the court reconvened Thursday afternoon, Lich was acquitted of four of her six charges, with the fifth charge, counseling to commit mischief, being stayed by the judge.

As for sentencing, the court will reconvene on April 16 at 1:30 p.m. EST, at which time it will say when a date and time for sentencing will be held.

Lich and Barber both face aā€Æpossibleā€Æ10-year prison sentence. LifeSiteNews has reportedā€Æextensivelyā€Æon their trial.

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

Lich and Barber wereā€ÆarrestedĀ onā€ÆFebruary 17, 2022, in Ottawa for their roles in leading the popular Freedom Convoy protest against COVID mandates. During COVID, Canadians were subjected to vaccine mandates, mask mandates, extensive lockdowns and even the closure of churches.

Despite the peaceful nature of the protest, Prime Minister Justin Trudeau and his Liberal government invoked the Emergencies Act to clear out protesters, an action a federal judge has since said was ā€œnot justified.ā€ During the clear-out, an elderly lady wasā€Ætrampled by a police horseĀ and many who donated to the cause had their bank accounts frozen.

Continue Reading

2025 Federal Election

Mark Carney refuses to clarify 2022 remarks accusing the Freedom Convoy of ā€˜seditionā€™

Published on

From LifeSiteNews

By Anthony Murdoch

Mark Carney described the Freedom Convoy as an act of ‘sedition’ and advocated for the government to use its power to crush the non-violent protest movement.

Canadian Prime Minister Mark Carney refused to elaborate on comments he made in 2022 referring to the anti-mandate Freedom Convoy protest as an act of ā€œseditionā€ and advocating for the government to put an end to the movement.

ā€œWell, look, I havenā€™t been a politician,ā€ Carney said when a reporter in Windsor, Ontario, where a Freedom Convoy-linkedĀ border blockade took place in 2022, asked, ā€œWhat do you say to Canadians who lost trust in the Liberal government back then and do not have trust in you now?ā€

ā€œI became a politician a little more than two months ago, two and a half months ago,ā€ he said. ā€œI came in because I thought this country needed big change. We needed big change in the economy.ā€

Carneyā€™s lack of an answer seems to be in stark contrast to the strong opinion he voiced in a February 7, 2022,Ā columnĀ published in theĀ Globe & MailĀ at the time of the convoy titled, ā€œItā€™s Time To End The Sedition In Ottawa.ā€

In that piece, Carney wrote that the Freedom Convoy was a movement of ā€œsedition,ā€ adding, ā€œThatā€™s a word I never thought Iā€™d use in Canada. It means incitement of resistance to or insurrection against lawful authority.ā€

Carney went on to claim in the piece that if ā€œleft uncheckedā€ by government authorities, the Freedom Convoy would ā€œachieveā€ its ā€œgoal of undermining our democracy.ā€

Carney even targeted ā€œ[a]nyone sending money to the Convoy,ā€ accusing them of ā€œfunding sedition.ā€

Internal emails from the Royal Canadian Mounted Police (RCMP) eventuallyĀ showedĀ that his definition of sedition were not in conformity with the definition under Canadaā€™s Criminal Code, which explicitly lists the ā€œuse of forceā€ as a necessary aspect of sedition.

ā€œThe key bit is ā€˜use of force,’ā€ one RCMP officer noted in the emails. ā€œIā€™m all about a resolution to this and a forceful one with us victorious but, from the facts on the ground, I donā€™t know weā€™re there except in a small number of cases.ā€

The reality is that the Freedom Convoy was a peaceful event of public protest against COVID mandates, and not one protestor was charged with sedition. However, the Liberal government, then under Justin Trudeau, did take an approach similar to the one advocated for by Carney, invoking the Emergencies Act to clear-out protesters. Since then, a federal judge has ruled that such action was ā€œnot justified.ā€

Despite this, the two most prominent leaders of the Freedom Convoy, Tamara Lich and Chris Barber, still face aā€Æpossibleā€Æ10-year prison sentence for their role in the non-violent assembly. LifeSiteNews has reportedā€Æextensivelyā€Æon their trial.

Continue Reading

Trending

X