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Freedom Convoy leaders’ trial attorneys attempt to get judge to budge on allowing video evidence
From LifeSiteNews
One of the leaders’ lawyers ‘contended that these videos provide context and completeness to the videos and statements of the accused tendered by the Crown.’
Day 37 of the trial for Freedom Convoy leaders Tamara Lich and Chris Barber included some “important” updates, according to their legal team, as their lawyers argued that allowing video to be entered as evidence would provide “context and completeness” into why they led the protests.
The Democracy Fund (TDF), which is crowdfunding Lich’s legal costs, noted in a daily court update regarding Thursday’s court proceedings that Diane Magas, Barber’s counsel, “continued her submission on the admissibility of statements of videos made by her client.”
“She contended that these videos provide context and completeness to the videos and statements of the accused tendered by the Crown,” the TDF said.
In response, the government suggested that extra videos as well as statements that were shown by Magas are “not necessary for an understanding of the words spoken by Mr. Barber in the videos and statements shown by the Crown.”
The trial presided over by Justice Heather Perkins-McVey has concluded for the time being, with Friday being the last scheduled court day. LifeSiteNews has covered the trial extensively since it began last year.
As of Thursday, Perkins-McVey has not ruled on allowing extra video as evidence.
On Day 36 of the Freedom Convoy leaders’ trial, their lawyers argued that video statements made by the leaders should be allowed as “evidence of the truth.”
Thus far, the government has asserted “that the absence of violence or peaceful nature of the protest didn’t make it lawful, emphasizing that the onus was on the Crown to prove the protest’s unlawfulness.”
The government has held steadfast to the notion in trying to prove that Lich and Barber somehow influenced the protesters’ actions through their words as part of a co-conspiracy. This claim has been rejected by the defense as weak.
The reality is that Lich and Barber collaborated with police on many occasions so that the protests were within the law.
The trial resumed for one day last week for only the second court date since the new year, with Perkins-McVey deciding to dismiss an application by the Freedom Convoy leaders that asked the court to throw out so-called conspiracy charges.
Trial could extend well into 2025
The TDF noted that during court proceedings on Thursday the defense moved to argue that the “Carter application should be ‘bifurcated’ — that is, it should be heard and ruled upon by the Court before closing submissions.”
To back the claims up, the government has been hoping to use what is called a “Carter application” to help them make their case. The government’s so-called “Carter Application” asks that the judge to consider “Barber’s statements and actions to establish the guilt of Lich, and vice versa,” TDF stated.
The TDF has said that a Carter application is very “complicated” and requires that the government prove “beyond a reasonable doubt” that there was a “conspiracy or plan in place and that Lich was a party to it based on direct evidence,” and as such, the defense is asking the judge to dismiss the application.
On Thursday, the Convoy leaders’ defense counsel said, as per the TDF, that they could not “properly prepare closing submissions without an understanding of the extent and nature of the evidence the Crown intends to use against their clients.”
To date, Perkins-McVey has not made a ruling on the Carter application.
Closing off the court day on Thursday, the court asked the defense if they were ready to make an “election” and they said they will not be submitting additional evidence.
“Thus, the evidentiary portion of the trial is complete, and it remains for the parties to argue outstanding issues and then proceed to closing submissions,” the TDF said.
Closing submissions are not expected to happen until August, which the TDF predicted could extend into 2025.
Lich and Barber are facing multiple charges from the 2022 protests, including mischief, counseling mischief, counseling intimidation and obstructing police for taking part in and organizing the anti-mandate Freedom Convoy. As reported by LifeSiteNews at the time, despite the non-violent nature of the protest and the charges, Lich was jailed for weeks before she was granted bail.
Besides the ongoing trial, Lich and Barber and a host of others recently filed a $2 million lawsuit against the Trudeau government for its use of the Emergencies Act (EA) to quash the Freedom Convoy in 2022.
In early 2022, thousands of Canadians from coast to coast came to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Prime Minister Justin Trudeau’s government enacted the Emergencies Act on February 14.
During the clear-out of protesters after the EA was put in place, an elderly lady was trampled by a police horse and one conservative female reporter was beaten by police and shot with a tear gas canister.
From LifeSiteNews
A judge ruled that the Ontario Court of Justice is already ‘satisfied’ with Chris Barber’s sentence and taking away his very livelihood would be ‘disproportionate.’
A Canadian judge has dismissed a demand from Canadian government lawyers to seize Freedom Convoy leader Chris Barber’s “Big Red” semi-truck.
On Friday, Ontario Court of Justice Judge Heather Perkins-McVey denied the Crown’s application seeking to forfeit Barber’s truck.
She ruled that the court is already “satisfied” with Barber’s sentence and taking away his very livelihood would be “disproportionate.”
“This truck is my livelihood,” said Barber in a press release sent to LifeSiteNews.
“Trying to permanently seize it for peacefully protesting was wrong, and I’m relieved the court refused to allow that to happen,” he added.
Criminal defense lawyer Marwa Racha Younes was welcoming of the ruling as well, stating, “We find it was the right decision in the circumstances and are happy with the outcome.”
John Carpay, president of the Justice Centre for Constitutional Freedoms (JCCF), said the decision is “good news for all Canadians who cherish their Charter freedom to assemble peacefully.”
READ: Freedom Convoy protester appeals after judge dismissed challenge to frozen bank accounts
“Asset forfeiture is an extraordinary power, and it must not be used to punish Canadians for participating in peaceful protest,” he added in the press release.
As reported recently by LifeSiteNews, the Canadian government claimed that Barber’s truck is an “offence-related property” relating to his involvement in the 2022 protests against Canada’s COVID mandates.
At this time, the court ruling ends any forfeiture proceedings for the time being, however Barber will continue to try and appeal his criminal conviction and house arrest sentence.
Barber’s truck, a 2004 Kenworth long-haul he uses for business, was a focal point in the 2022 protests. He drove it to Ottawa, where it was parked for an extended period of time, but he complied when officials asked him to move it.
On October 7, 2025, after a long trial, Ontario Court Justice Perkins-McVey sentenced Barber and Tamara Lich, the other Freedom Convoy leader, to 18 months’ house arrest. They had been declared guilty of mischief for their roles as leaders of the 2022 protest against COVID mandates, and as social media influencers.
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.
Government lawyers for the Crown have filed an appeal of the acquittals of Lich and Barber on intimidation charges.
The pair’s convictions came after a nearly two-year trial despite the nonviolent nature of the popular movement.
From LifeSiteNews
Protestor Evan Blackman’s legal team argues Trudeau’s Emergencies Act-based bank account freezes were punitive state action tied directly to protest participation.
A Freedom Convoy protester whose bank accounts were frozen by the Canadian government says a judge erred after his ruling did not consider the fact that the funds were frozen under the Emergencies Act, as grounds for a stay of proceedings.
In a press release sent out earlier this week, the Justice Centre for Constitutional Freedoms (JCCF) said that Freedom Convoy protestor Evan Blackman will challenge a court ruling in his criminal case via an appeal with the Ontario Superior Court of Justice.
“This case raises serious questions about how peaceful protest is treated in Canada and about the lasting consequences of the federal government’s unlawful use of the Emergencies Act,” noted constitutional lawyer Chris Fleury. “The freezing of protestors’ bank accounts was part of a coordinated effort to suppress dissent, and courts ought to be willing to scrutinize that conduct.”
Blackman was arrested on February 18, 2022, during the police crackdown on Freedom Convoy protests against COVID restrictions, which was authorized by the Emergencies Act (EA). The EA was put in place by former Prime Minister Justin Trudeau’s Liberal government, which claimed the protests were violent, despite no evidence that this was the case.
Blackman’s three bank accounts with TD Bank were frozen due to his participation in the Freedom Convoy, following a directive ordered by Trudeau.
As reported by LifeSiteNews, in November of this year, Blackman was convicted at his retrial even though he had been acquitted at his original trial. In 2023, Blackman’s “mischief” and “obstructing police” charges were dismissed by a judge due to lack of evidence and the “poor memory of a cop regarding key details of the alleged criminal offences.”
His retrial resulted in Blackman getting a conditional discharge along with 12 months’ probation and 122 hours of community service, along with a $200 victim fine surcharge.
After this, Blackman’s application for a stay of proceedings was dismissed by the court. He had hoped to have his stay of proceedings, under section 24(1) of the Charter of Rights and Freedoms, allowed. However, the judge ruled that the freezing of his bank accounts was legally not related to his arrest, and because of this, the stay of proceedings lacked standing.
The JCCF disagreed with this ruling, noting, it “stands in contrast to a Federal Court decision finding that the government’s invocation of the Emergencies Act was unreasonable and violated Canadians’ Charter rights, including those targeted by the financial measures used against Freedom Convoy protestors.”
As of press time, a hearing date has not been scheduled.
In 2024, Federal Court Justice Richard Mosley ruled that Trudeau was “not justified” in invoking the Emergencies Act.
In early 2022, the Freedom Convoy saw thousands of Canadians from coast to coast come to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Trudeau’s federal government enacted the EA in mid-February.
After the protesters were cleared out, which was achieved through the freezing of bank accounts of those involved without a court order as well as the physical removal and arrest of demonstrators, Trudeau revoked the EA on February 23, 2022.
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