From LifeSiteNews

To Anthony Murdoch

Freedom Convoy leader Chris Barber’s legal counsel argued that text messages he sent to both police and fellow protesters during the convoy prove he was not encouraging people to commit crimes

On day 30 of the trial against Freedom Convoy leaders Tamara Lich and Chris Barber, the defense detailed to the court how text message exchanges from one of the leaders showed he was trying to ensure protestors were as respectful as possible and wanted to work with police.  

According to a day 30 update from the Democracy Fund (TDF), which is crowdfunding Lich’s legal costs, defense counsel for Barber, Diane Magas, said that a text conversation between Barber and an “individual known as ‘Big Baller,’” show that “Barber expressed his efforts to cease honking and persuade other truck drivers to follow suit,” in attempt to abide by law enforcement’s request.

Magas also highlighted how a text message exchange between Barber and an Ottawa Police Services (OPS) officer, asking for a “slow roll” on Parliament Hill, “received police support.” 

“These instances, according to Magas, illustrated Barber’s intent for a lawful protest,” noted TDF. 

Magas questioned the Crown’s allegation that the leaders had planned a conspiracy, noting a February 12, 2022, agreement letter between the convoy protesters and the mayor’s office. 

“She questioned whether the Crown implied the mayor’s office was part of the alleged conspiracy,” noted TDF. 

“Magas highlighted a TikTok video on February 16, 2022, with Barber and Canadian lawyer Keith Wilson, where Wilson emphasized that the declaration of the Emergencies Act still permitted peaceful protests. Magas concluded her submissions by asserting that, considering the totality of evidence, the court couldn’t find an agreement for the alleged conspiracies without speculation.” 

In response, the Crown’s counsel said that a “directed verdict would be appropriate if there were no evidence of criminality,” but again argued for their Carter application to proceed.  

On Monday, which was Day 28 of the trial, the defense argued that a Crown request to make it so that criminal charges against one leader should apply to the other leader as well, and vice versa, should not be allowed to take place, as there is no evidence the pair worked in a conspiratorial manner. 

The defense teams for Lich and Barber told the court they intended to bring forth two applications, the first being a call to dismiss the Crown’s “Carter application.”   

The Crown’s so-called “Carter Application” asks that the judge consider “Barber’s statements and actions to establish the guilt of Lich, and vice versa,” TDF stated.   

TDF noted that this type of application is very “complicated” and requires that the Crown 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.”   

On Wednesday in court, the Crown claimed that they did not think of the protests as violent, but “disputed the defense’s characterization of the protests as peaceful.” 

The Crown claimed that non-violent protests could still be “disruptive and result in criminal charges,” as noted by TDF, adding that the court should consider limitations to Charter rights when looking at charges made against the leaders.  

In court, Judge Heather Perkins-McVey reminded the Crown that not everyone involved in the Freedom Convoy was working together. The Crown agreed this was the case.  

On Day 29, Lich’s legal counsel argued that her use of the rallying cry “hold the line” during the 2022 protests did not imply she was calling for people to engage in illegal activity.  

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.    

The defense’s application came after the Crown abruptly decided to end its case last Monday, telling the court it would not call forth any new witnesses.    

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, 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, one protester, 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.   

Lich and Barber’s trial has thus far taken more time than originally planned. LifeSiteNews has been covering the trial extensively.