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COVID-19

Consent of the Governed, Where Art Thou?

Published

22 minute read

From the Brownstone Institute

BY Robert MaloneROBERT MALONE  

The essay was prompted by a midnight Saturday evening Zoom call with a Canadian physician who was pleading for me to help intervene with the Canadian authorities overseeing the “vaccine” campaign.

I am often asked some form of the question “What caused you to come out of the closet and start criticizing the vaccines?” On a related note, when interviewed by a reporter from the infamous Atlantic August 2021 hit piece, Stan Gromkowski (a former Vical colleague of mine) prophetically opined, “He’s fucking up his chances for a Nobel Prize.”

The answer to this persistent question is nicely summarized in the first essay which I wrote in objection to what was being done, titled “COVID Vaccine Deployment under EUA: It’s time we stop and look at what’s going down.” published in Trial Site News on May 30, 2021 (three months before the defamatory Atlantic attack). I guess that article struck a nerve, because it currently has over 19,000 likes; pretty good for an article on a specialty paid site targeting the clinical research industry.

The essay was prompted by a midnight Saturday evening Zoom call with a Canadian physician who was pleading for me to help intervene with the Canadian authorities overseeing the “vaccine” campaign. This specific physician later had his office raided and office computers damaged by the Canadian government for prescribing early treatment and writing vaccine exemptions, and has now being required to submit to the Canadian government re-education and contrition program for his sins if he wishes to retain the ability to practice medicine, just as has been required of Jordan Peterson. But that was all in the future.

Talking until midnight Saturday, he had described what was being done in Canada to force toxic COVID “vaccines” on an unwitting population including children, imploring me to somehow intervene with Health Canada to stop the madness. I told him I did not have the necessary connections, and there was nothing much I could do to help.

Waking early the following Sunday, I realized there was something I actually could do to advance his cause. I could dip into my extensive training in bioethics and write about the fundamental breaches of established biomedical ethics that were going on in Canada, and would soon migrate to USA, Australia, New Zealand, the United Kingdom, and across the western “democracies.”

The following is the core of my argument back then (May 2021), which I assert has withstood the test of time much better than the notorious Atlantic hit piece published three months later.

I believe that adult citizens must be allowed free will, the freedom to choose. This is particularly true in the case of clinical research. These mRNA and recombinant adenovirus vaccine products remain experimental at this time. Furthermore, we are supposed to be doing rigorous, fact-based science and medicine. If rigorous and transparent evaluation of vaccine reactogenicity and treatment-emergent post-vaccination adverse events is not done, we (the public health, clinical research and vaccine developer communities) play right into the hands of anti-vaxxer memes and validate many of their arguments.

The suppression of information, discussion, and outright censorship concerning these current COVID vaccines which are based on gene therapy technologies cast a bad light on the entire vaccine enterprise. It is my opinion that the adult public can handle information and open discussion. Furthermore, we must fully disclose any and all risks associated with these experimental research products.

In this context, the adult public are basically research subjects that are not being required to sign informed consent due to EUA waiver. But that does not mean that they do not deserve the full disclosure of risks that one would normally require in an informed consent document for a clinical trial. And now some national authorities are calling on the deployment of EUA vaccines to adolescents and the young, which by definition are not able to directly provide informed consent to participate in clinical research – written or otherwise.

The key point here is that what is being done by suppressing open disclosure and debate concerning the profile of adverse events associated with these vaccines violates fundamental bioethical principles for clinical research. This goes back to the Geneva convention and the Helsinki declaration.

There must be informed consent for experimentation on human subjects. The human subjects – you, me, and the citizens of these countries – must be informed of risks. As a community, we have already had a discussion and made our decision – we cannot compel prisoners, military recruits, or any other population of humans to participate in a clinical research study. For example, see the Belmont report, which provided the rationale for US federal law Code of Federal Regulations 45 CFR 46 (subpart A), referred to as “The Federal Policy for the Protection of Human Subjects” (also known as the “Common Rule”).

Quoting from the Belmont Report:

“Informed Consent. — Respect for persons requires that subjects, to the degree that they are capable, be given the opportunity to choose what shall or shall not happen to them. This opportunity is provided when adequate standards for informed consent are satisfied.

While the importance of informed consent is unquestioned, controversy prevails over the nature and possibility of an informed consent. Nonetheless, there is widespread agreement that the consent process can be analyzed as containing three elements: information, comprehension and voluntariness.”

Information, comprehension, and voluntariness. To my eyes, it appears that in many regions public health leadership has stepped over the line and is now violating the bedrock principles which form the foundation upon which the ethics of clinical research are built. I believe that this must stop. We must have transparent public disclosure of risks – in a broad sense – associated with these experimental vaccines. It is either that, or the entire modern bioethical structure which supports human subjects research will have to be re-thought.

This was not a major intellectual leap. It was a simple restatement of the training in clinical research bioethics which I had received and which had been repeatedly reinforced over the prior decade. No big deal, except that few if any were willing to make such a statement at that time. Long before the infamous Dark Horse or Rogan podcasts.

The failure to disclose the risks of the gene therapy-based COVID vaccines by the US and other “Western” governments became widespread, chronic, and well-documented. Fast forwarding to the present, on December 22, 2023 investigative journalist Greg Piper of the alternative “Just The News” published yet another chapter in the abundant library of documented government withholding of key information concerning COVID genetic “vaccine” harms.

Misinformation for thee, not me? FDA had similar concerns as COVID vaccine skeptics, docs suggest

FOIA production shows the agency wasn’t impressed by Pfizer’s plan to mitigate “endotoxins,” complained about insufficient cleaning in manufacturing, and had no basis to claim post-vax heart inflammation was rare.

If an outsider raises questions about contamination of COVID-19 vaccines or how closely the Food and Drug Administration monitors for severe adverse events, the agency considers it a boon to misinformation that lowers vaccine uptake and hence kills people.

If the FDA itself raises these issues, that’s a different story…

The FDA documents, some heavily redacted under the FOIA exemption for trade secrets, show less daylight than may be thought between the agency and critics of federal COVID policy such as Florida Surgeon General Joseph Ladapo.

Mr. Piper went on to summarize a range of recent freedom of information act and court-ordered document disclosures which clearly demonstrate a systematic and intentional failure by the US Government to properly inform the public of the risks associated with accepting gene therapy-based COVID “vaccine” products.

  • The CDC had no scientific research to back its public claim in January that people can safely get their COVID, flu, and monkeypox vaccines “at the same time.”
  • “Peter Marks, director of the FDA’s Center for Biologics Evaluation and Research, didn’t just tell Florida Surgeon General Joe Ladapo last week his concerns about DNA contamination were “quite implausible” but also shamed him for feeding what he considered misinformation that will cause preventable deaths. Yet an Aug. 6, 2021 email to Pfizer from CBER Senior Regulatory Review Officer Mike Smith about “endotoxins” – potential contaminants introduced in pharmaceutical manufacturing – shows the feds had similar concerns as they considered full approval for Pfizer’s Comirnaty.”
  • “A month before then-acting FDA Commissioner Janet Woodcock told the media that post-vaccination heart inflammation “appears to be very low,” a CBER “surveillance” scientist made clear that the leader was not relying on the agency’s own data. Joyce Obidi reviewed how well CBER’s Sentinel Program, created under a 2007 law to monitor drug safety through electronic healthcare data, could “evaluate the serious risk for myocarditis and pericarditis” following Pfizer COVID vaccination in recipients 16 and older, the first population authorized for emergency use. “Post-authorization safety data identified serious risks for myocarditis and pericarditis after COMIRNATY, with increased risk in males under 30 years of age,” Obidi wrote in the May 18, 2021, memo, which is also buried in the agency’s 246-document public folder on materials related to Comirnaty’s approval.”
  • Obidi also stated that “Available data sources in the CBER Sentinel Program are NOT sufficient to identify the outcomes of myocarditis and pericarditis” and not “sufficiently powered to assess the magnitude of risk” for ages 12-30. She wrote. The program would need a minimum of 3-6 months follow up data to check for “long-term sequelae,” and it cannot study subclinical myocarditis “because of the absence of a definition of subclinical myocarditis and unknown background incidence of troponin abnormalities,” according to Obidi. Sentinel’s data sources at full approval of Comirnaty did not have “sufficient power to assess the magnitude of risk in patients 12-30 years of age” and hence cannot assess the “serious risks of myocarditis and pericarditis, and subclinical myocarditis” associated with the vaccine.”
  • “In another May 18, 2021, memo reviewing Pfizer’s proposed pharmacovigilance plan for its vaccine, Analytic Epidemiology Branch Medical Officer Deborah Thompson evaluated the company’s claim that “vaccine-associated enhanced disease” is just a “theoretical risk.” She cited Vaccine Adverse Events Reporting System reports of deaths in “fully vaccinated” patients at that early stage of vaccination. “Severe manifestations and death from COVID-19 raise the possibility” of VAED because it has “overlapping clinical manifestations with natural SARS-CoV-2 infection, making it difficult to differentiate VAED from severe” infection in VAERS reports.”
  • Despite assurances otherwise from Peter Marks in his letter to the Florida Surgeon General, major manufacturing process good practices were breached. “In a Form 483 to Pfizer following inspections that uncovered possible or actual product adulteration, FDA investigators made 13 observations about procedures at Pfizer’s Andover, Massachusetts, manufacturing facility. They include “insufficient data to support product quality prior to the release” of vaccine batch FA8057. The observation says “a deviation [redacted] was initiated due to the multiple control limit excursions during [redacted]” and the “affected batch was manufactured with a process that deviated from the validated process parameters” and was “not put on stability until July 22, 2021.” It was released on a redacted date. An observation on “inadequate quality oversight” implies that Pfizer was late in adding a notation to a batch record that        “[redacted] exceeded the allowable [redacted].” The company’s quality assurance does not review “electronic data/reports” from a redacted manufacturing process “during batch record review or prior to batch release.” <Note: No clinical trial I have ever been involved in has been associated with an FDA 483 warning letter. This is no small matter.>
  • Just the News asked the FDA prior to publication of this report on 22 December for its characterization of the FOIA-disclosed and related documents in light of Marks’ comments to Ladapo about feeding misinformation. A spokesperson responded two days later, saying the agency was working to provide an answer. As of 27 December, the FDA still has not provided a response.

At this point, the burden of publicly available documentation clearly demonstrates multiple examples of intentional breaches of informed consent by both the US government and the pharmaceutical industry manufacturers of these products. It is difficult to dispute that the US government and the pharmaceutical industry sponsors are colluding in a public-private partnership to suppress information concerning risks of these products. Likewise, there has been an agreement between the UK and US governments to suppress disclosure of information concerning risks and adverse events associated with these products.

In a normal, historic regulatory and bioethical environment, this breach of international bioethical norms concerning informed consent would rise to the level of a clear-cut crime against humanity. But in the “through the looking glass” world of COVID post-late 2019, established legal, moral, and ethical norms concerning patient and citizen rights to proper informed consent have all been turned upside down. All of these clear-cut breaches ostensibly being actively “justified” by mockingbird media, the massive censorship-industrial complex, and government officials as being in service of the public interest and the greater good.

The western Five Eyes alliance participants, deferring to the leadership of the US government, are all acting in coordination and cooperation to disregard and hide the implications and consequences of their illegal and unethical actions. This is being justified based on the following oft-repeated catechism, each element of which is demonstrably false or opposed to established Western bioethical consensus:

  1. COVID-19, the disease caused by infection with SARS-CoV-2, is highly pathogenic with a case fatality rate of 3.4 %. <The actual case fatality rate was approximately 0.02% when this disease was first “modeled” in 2020 and is much lower now>
  2. The gene therapy-based COVID-19 “vaccines” are safe and effective, are effective as prophylactics, are effective in preventing infection and spread of COVID-19 disease, and if taken by a sufficient fraction of the population <a moving goalpost> can be used to achieve herd immunity. <all of these previous claims are now clearly demonstrated unsupported falsehoods>
  3. The gene therapy-based COVID-19 “vaccines” are effective at preventing severe disease and death from SARS-CoV-2, and have saved 14 million lives. <this 14 million lives saved claim turns out to be based on flawed mathematics, and all cause mortality data analysis indicates something more like 17 million lives lost globally due to the products>
  4. Fully disclosing actual risks, morbidity and mortality data concerning the COVID-19 genetic vaccines will result in “increased vaccine hesitancy” and avoidable harm due to reduced “vaccine” (booster) uptake. <at this point in the outbreak, multiple data sources indicate that acceptance of boosters is associated with “negative effectiveness,” meaning that after a 2-3 month lag period (shorter in some studies) you are more likely to suffer death or severe COVID-19 disease – and other diseases- if you accept injection with these products than if you do not.>

This fourth point is a clear-cut example of flawed logic. Flawed both in terms of the data on morbidity, mortality, and immune imprinting, as well as flawed bioethical reasoning.

Think this through with me. The essence of the statement is essentially the governments’ assertions that “if the public knew about the risks that we know about, then they would choose not to accept those risks based on their assessment of the effectiveness of the product and the clinical risks of infection with the virus. Therefore there would be much more avoidable disease, disability, and death from COVID-19 than would be saved from vaccine products not administered.”

And on the basis of this ill-logic, governments and Pharma are withholding adverse event data, and thereby are unilaterally making medical decisions for sovereign individuals and their children. This is what we have come to. The ultimate embodiment of the nanny state, with corporatist allies. The State knows best, and will withhold medical information from the public which would cause members of that public to question its wisdom and decision-making.

Basically, the State is asserting that it has the right to sentence you to increased risk of death and disease by purchasing (using tax dollars), mandating (vaccines for children program), distributing, enticing, and marketing an injectable product while censoring or defaming (using modern psychological warfare technologies) any and all who disagree or even have the temerity to question the decisions and rights of the State to do so.

Republished from the author’s Substack

Author

  • Robert Malone

    Robert W. Malone is a physician and biochemist. His work focuses on mRNA technology, pharmaceuticals, and drug repurposing research. You can find him at Substack and Gettr

Alberta

Alberta court upholds conviction of Pastor Artur Pawlowski for preaching at Freedom Convoy protest

Published on

From LifeSiteNews

By Clare Marie Merkowsky

Lawyers argued that Pastor Artur Pawlowski’s sermon was intended to encourage protesters to find a peaceful solution to the blockade, but the statement was characterized as a call for mischief.

An Alberta Court of Appeal ruled that Calgary Pastor Artur Pawlowski is guilty of mischief for his sermon at the Freedom Convoy-related border protest blockade in February 2022 in Coutts, Alberta.

On October 29, Alberta Court of Appeal Justice Gordon Krinke sentenced the pro-freedom pastor to 60 days in jail for “counselling mischief” by encouraging protesters to continue blocking Highway 4 to protest COVID mandates.

“A reasonable person would understand the appellant’s speech to be an active inducement of the illegal activity that was ongoing and that the appellant intended for his speech to be so understood,” the decision reads.

Pawlowski addressed a group of truckers and protesters blocking entrance into the U.S. state of Montana on February 3, the fifth day of the Freedom Convoy-styled protest. He encouraged the protesters to “hold the line” after they had reportedly made a deal with Royal Canadian Mounted Police to leave the border crossing and travel to Edmonton.

“The eyes of the world are fixed right here on you guys. You are the heroes,” Pawlowski said. “Don’t you dare go breaking the line.”

After Pawlowski’s sermon, the protesters remained at the border crossing for two additional weeks. While his lawyers argued that his speech was made to encourage protesters to find a peaceful solution to the blockade, the statement is being characterized as a call for mischief.

Days later, on February 8, Pawlowski was arrested – for the fifth time – by an undercover SWAT team just before he was slated to speak again to the Coutts protesters.

He was subsequently jailed for nearly three months for what he said was for speaking out against COVID mandates, the subject of all the Freedom Convoy-related protests.

In Krinke’s decision, he argued that Pawlowski’s sermon incited the continuation of the protest, saying, “The Charter does not provide justification to anybody who incites a third party to commit such crimes.”

“While the appellant is correct that peaceful, lawful and nonviolent communication is entitled to protection, blockading a highway is an inherently aggressive and potentially violent form of conduct, designed to intimidate and impede the movement of third parties,” he wrote.

Pawlowski was released after the verdict. He has already spent 78 days in jail before the trial.

Pawlowski is the first Albertan to be charged for violating the province’s Critical Infrastructure Defence Act (CIDA), which was put in place in 2020 under then-Premier Jason Kenney.

The CIDA, however, was not put in place due to COVID mandates but rather after anti-pipeline protesters blockaded key infrastructure points such as railway lines in Alberta a few years ago.

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C2C Journal

Mischief Trial of the Century: Inside the Crown’s Bogus, Punitive and Occasionally Hilarious Case Against the Freedom Convoy’s Tamara Lich and Chris Barber, Part I

Published on

From the C2C Journal

By Lynne Cohen
In his judicial review of the Liberals’ response to the 2022 Freedom Convoy protest, Federal Court Justice Richard Mosley ruled that “there was no national emergency justifying the invocation of the Emergencies Act and the decision to do so was therefore unreasonable.” With Prime Minister Justin Trudeau’s draconian actions thus exposed as unnecessary and excessive – in other words, illegal and unconstitutional – what now awaits Tamara Lich and Chris Barber, who each face up to 10 years in jail for playing key roles in the protest? In the first of a two-part series, Lynne Cohen charts the lengthy and vindictive prosecution of the pair, from their first appearance in downtown Ottawa to their initial arrest and pre-trial treatment.
As the 13-month-long trial of Freedom Convoy organizers Tamara Lich and Chris Barber lurched into its final days at the Ottawa Courthouse, Assistant Crown Attorney Siobhain Wetscher reached for her highest dudgeon and broadest hyperbole. In making her closing arguments, Wetscher declared this to be an “overwhelming case” backed by an abundance of “significant evidence.” Attempting to draw the focus onto the assembled facts, she swatted away claims it was a politically-motivated prosecution. “The defendants are not on trial for politics,” Wetscher stressed. “They crossed the line, objectively. The smell, the noise, the harassment were not lawful!” Given the reaching tone and considering the actual weight of the evidence, it often seemed as if Wetscher was trying to convince herself as much as Ontario Court Justice Heather Perkins-McVey.

To back their case, Wetscher and fellow Assistant Crown Attorney Tim Radcliffe had prepared a PowerPoint presentation that was projected onto two screens in Courtroom 5 during their final arguments. Entitled “R. v. Christopher Barber & Tamara Lich: Closing Submissions of the Crown”, the 106-slide exhibit began by listing the various charges: committing mischief, obstructing a peace officer and blocking a highway as well as counselling others to commit mischief, obstruct, block a highway and disobey a court order (the last one against Barber only). It also offered a quick guide to dozens of previous mischief, obstruction and intimidation judgements considered relevant to the case.

An “overwhelming case”: According to the closing arguments of Assistant Crown Attorneys Siobhain Wetscher (top left) and Tim Radcliffe (top right) presented in the Ottawa Courthouse, the trial of Freedom Convoy organizers Tamara Lich and Chris Barber was not about politics, but the fact the pair “crossed the line” during the protest. (Source of bottom photo: CTV News)

Beyond a useful summary of the charges and case law, the Crown’s slideshow was also meant as one last reminder of the “significant evidence” arrayed against the Freedom Convoy pair. It thus contained numerous exhibits already submitted during the 45-day trial, including maps of the protest area, snippets from TikTok videos, transcripts from press conferences, witness testimony and interrogations as well as court orders, texts, letters, handbills, emails, Facebook posts and so on. As such, it serves as a kind of multimedia scrapbook for the entire three-week-long protest in Ottawa during January and February 2022.

And as is usually the case with scrapbooks, there were also plenty of photographs, presumably selected for the same reason as all the other evidence – because they bolster the case against Lich and Barber. In particular, the pictures are meant to provide proof of their close partnership in leading an unlawful protest and convincing others to break the law. But there’s a problem with this plan: none of the photos show either doing anything other than participating in an entirely peaceful, apparently constitutional and often quite-joyous-looking protest.

Slide 61, for example, shows the duo in winter gear hugging each other with big grins on their faces. Slide 76 has a smiling Lich explaining on TikTok that the protest is “like Canada Day on steroids.” Slide 100 is a screenshot of Lich on the verge of being arrested telling her Facebook supporters that, “I pray and hope that you will make your choices from love…we can only win this with love.”

And then there’s slide 106. The presentation’s last slide pairs a quote from Wetscher and Radcliffe with yet another picture of Lich and Barber. The text reads, “The Crown respectfully requests that the court find Mr. Barber and Ms. Lich guilty of all counts as charged.” The photo shows them together once more – again smiling broadly. This time they’re standing with Mike Stack, another protester, in front of Barber’s truck “Big Red”. If the point of this photo is to prove once and for all that Lich and Barber were engaged in a dangerous, insurrectionist conspiracy, it fails miserably.

The Crown’s 106-slide closing presentation served as a multi-media scrapbook of the three-week-long Freedom Convoy protest, inadvertently highlighting the event’s joyousness and peacefulness. Of note, the final slide (bottom) shows a smiling Lich, Barber and fellow protester Mike Stack – while Barber’s dog Zippy enjoys the view from the driver’s seat of Barber’s truck “Big Red”.

And hilariously – as a close inspection reveals Barber’s dog Zippy sitting in Big Red’s driver’s seat, mouth agape in a wild doggy smile, looking down upon the trio as if to say, “Look at me. I’m driving the truck!” For a criminal case that threatens Lich and Barber with a decade in jail for allegedly imperilling the very foundation of public order across Canada, and has consumed more than a year of precious court time, Zippy’s photo-bomb doesn’t answer the question of guilt, it raises an entirely different one.

Is this really the best the Crown can do?

Freedom’s Just Another Word for Long-Haul Trucking

On January 23, 2022, the Freedom Convoy began rolling out from Canada’s West Coast towards Ottawa, while other smaller groups of vehicles streamed westward from Quebec and other points. Three months earlier, the Government of Canada had unexpectedly announced that cross-border truckers who had not received a course of Covid-19 vaccination would have to isolate for up to two weeks when crossing the U.S.-Canada border, overturning an earlier exemption for the trucking industry. Despite furious pushback, Prime Minister Justin Trudeau refused to relent and the mandate came into effect on January 15.

In response, thousands of truckers and others in cars and pickup trucks from all over the country joined the procession to make their feelings known, while thousands more waved them on from freeway overpasses and small towns along the way. Lich and Barber were involved in this movement from the beginning – creating social media accounts, setting up fundraising efforts and building an internal support structure – although the convoy itself defied organization. Lich and Barber may have been instrumental, but they were not almighty.

Let those truckers roll, 10-4: In January 2022, thousands of vehicles from across the country converged on Ottawa to protest a dramatic change in the federal government’s Covid-19 vaccine policy for cross-border trucking. (Sources of photos: (top) Andrei Filippov/Shutterstock; (bottom) GoToVan, licensed under CC BY 2.0)

Lich was born in Saskatoon to a Métis family and adopted as an infant. She has lived a varied life on the Prairies, working mainly as an administrator in the energy services sector and raising three children. She currently lives in Medicine Hat, Alberta with her husband Dwayne, who farms. She’s proud of her native heritage and also boasts of being a singer in a garage rock band. Lich has been politically active for many years, typically drawn to a robust defence of Western Canada’s political interests and consistently opposing the current Trudeau government. In 2018 she joined the “Yellow Vest” movement, and has also been a member of the Alberta Wildrose Party and the federal Maverick Party.

But it was the federal Liberals’ draconian response to the Covid-19 pandemic that pushed her activist inclinations into overdrive. “What kind of country had Canada become?” Lich would later write about the impact of vaccine mandates. “We had governments who seemed far more obsessed with promoting vaccines…than they did with the reality and the struggles of the Canadian people. Someone had to stop it.”

As for Barber, he hails from the small southwest Saskatchewan city of Swift Current. The 49-year-old married father of two children owns and operates a trucking firm, C.B. Trucking Limited, which specializes in long hauls of agricultural equipment. His popular TikTok account @bigred19755 provided him with a platform to complain – often impishly – about the impact of government regulation on the trucking business. As would be expected, the government’s response to the Covid-19 pandemic had a major impact on his business. Barber got the vaccine shots as required, but disagreed with how they were imposed.

By the time they got to Ottawa: Lich (left, with husband Dwayne) of Medicine Hat, Alberta, and Barber (right, with Big Red) of Swift Current, Saskatchewan, found themselves leading the Freedom Convoy as a result of their shared opposition to federal Covid-19 vaccine mandates.

“I was at risk of losing all that hard work [building my company] to not being able to cross the border anymore,” he explained to True North News. As his frustration with Covid-19 rules grew, Barber leveraged his status on social media to become a leading voice for truckers’ outrage over vaccine policy, which in turn spurred him to help launch the Freedom Convoy. “I was angry, very angry,” Barber later explained. “The provincial mandates, the federal mandates…it seemed like it was an over-reach.” From 30,000 followers prior to the convoy, Barber’s TikTok account grew to 170,000 by the time the truckers rolled into Ottawa.

When Lich, Barber and the rest of the original convoy reached Ottawa in late January, numerous other groups and individuals unaligned with the initial organization had joined the protest for their own reasons, and with their own objectives, timelines and standards of behaviour. What most participants had in common was a deep antipathy towards the Trudeau government and a desire to make this known in the heart of the nation’s capital. Their right to do so peacefully was initially acknowledged by the Ottawa Police Service (OPS). As they arrived, OPS officers met the truckers, showed them where to park and took steps to allow them to store provisions. For the first week or so, Lich and Barber worked closely with the cops to keep emergency routes open and relations cordial. This congenial situation eventually soured, however, as the protesters lingered.

Just over two weeks later, on February 14 the federal government took the unprecedented step of invoking the Emergencies Act based on the Liberal Cabinet’s assertion that the protest constituted a Canada-wide “public order emergency” that could not be dealt with under existing laws and which involved threats of “serious violence against persons or property.” This essentially criminalized the Freedom Convey and all its supporters. Riot police then moved to physically clear the protest area, and 196 protesters in the immediate area were arrested. Another 76 individuals were arrested elsewhere in Canada at around the same time for attending other protests, including blockades at three border crossings in Ontario, Manitoba and Alberta.

Crushing the “insurrection”: Initially accommodated by the Ottawa Police Service, the Freedom Convoy protest was later deemed a national “public order emergency”. Shown at top left, police circulate throughout the protest on February 9; top right, police hand out notices to protesters on February 17; at bottom, police confront and arrest protesters on February 18. (Sources of photos: (top left) The Canadian Press Images/Lars Hagberg; (top right) The Canadian Press/Justin Tang; (bottom left and right) Michel Elzo/Shutterstock)

The federal Liberals also bullied Canada’s chartered banks into freezing the bank accounts of many people connected to the protest. Lich and Barber had their personal finances locked and both were later arrested. Lich’s single, initial charge was for “counselling to commit the offence of mischief”; Barber was charged with counselling mischief, as well as obstruction and ignoring a court order. While half-a-dozen other charges were later added to the pair’s alleged offences, mischief was the common thread that connected them to the vast majority of other protesters arrested during the crackdown.

This prevalence of mischief seems a rather surprising fact. Amidst what was supposedly a massive and violent breakdown in public order, mischief – or counselling others to be mischievous – turned out to be the most serious crime the police could detect. In Ottawa there were no assaults, no murders, no guns or bombs, no fraud or extortion, no rioting and looting, no treason. Nothing, in other words, that might have signalled that an actual (as opposed to imagined or media-manufactured) insurrection was underway or imminent.

There was, however, one criminal act that provably did occur in Ottawa during the protests. Two men attempted to set an apartment building’s entryway alight and then sealed the doors shut. This appalling and dangerous act was immediately attributed by some to the protesters. Ottawa mayor Jim Watson, for example, stated it “clearly demonstrates the malicious intent of the protesters occupying our city.” Police soon established, however, that the fire had no link to anyone connected to the Freedom Convoy.

Legal Mischief

While the term conjures up images of a misbehaving toddler, section 430 of the Criminal Code of Canada defines mischief very broadly as the willful destruction of property or interference with others’ lawful enjoyment of their own property. It should not be taken too lightly, cautions Michael Spratt, an Ottawa criminal lawyer. “Yes, mischief can be something very minor, for example drawing graffiti on a public space, or chalking a sidewalk,” Spratt says in an interview. “But mischief can also include very serious offences, for example, occupying and blockading the national capital and inflicting extreme harm on its residents, businesses, and communities.”

As an indictable offence, mischief carries a maximum penalty of 10 years in prison. Since lawyers for Lich and Barber readily admit that mischief occurred during the protest, Spratt says the only legal issue to be decided in court is whether the pair were at fault “either as a party, a participant, an encourager, an abettor or a leader of the convoy who bears some responsibility for it.” In other words, Lich and Barber could be found guilty even if they didn’t commit any mischief themselves. That would, however, require crafting a rather elaborate theory to explain a rather mundane crime.

Not every legal observer is convinced mischief best fulfills the government’s claim that it was facing an incipient violent insurrection, as is required by the Emergencies Act. According to University of Ottawa law professor Joao Velloso, most mischief charges in Canada are actually quite minor and usually punished without any jail time. Reliance on what he, unlike Spratt, views as a rather insignificant crime as the means to punish Freedom Convoy protesters seems like “a safe, bureaucratic choice for the police,” Velloso explained to The Canadian Press, adding it is “a less demanding choice in terms of police work.”

Much ado about mischief: While Ottawa criminal lawyer Michael Spratt (left) says mischief can include “very serious charges”, University of Ottawa law professor Joao Velloso (right) observes that most mischief charges in Canada are minor and punished without any jail time. (Sources of photos: (left) Michael Spratt; (right) Errol McGihon/Saltwire)

Plus, it seems doubtful the entirety of the chaos caused by the Freedom Convoy can be laid at the feet of Lich and Barber. Plenty of other participants deserve a large share of the blame, Velloso said, pointing especially to the police. “The seriousness of the mischief during the protest was produced by lack of policing,” he asserted. This echoes the February 17, 2023 findings of the Public Order Emergency Commission chaired by Justice Paul Rouleau, which also concluded that “policing failures” – in particular, inviting the truckers into the downtown area without any long-term plan to remove them – “contributed to a situation that spun out of control.”

In deciding whether the mischief charges faced by Lich and Barber are a big deal or not, it helps to consider the fate of other Freedom Convoy protesters faced with the same charge, many of whom have been represented by the Justice Centre for Constitutional Freedoms (JCCF). Steven Vardy, for example, was arrested while driving in downtown Ottawa after the Emergencies Act had been imposed and charged with obstruction. The charge of mischief was added after police discovered Vardy had narrated a video about the protest. The Crown dropped the obstruction charge before trial, and after two days in court the judge determined the mischief charge was equally untenable, and it too was dismissed.

Christine DeCaire, another JCCF client, was arrested while standing alone on Nicholas Street in downtown Ottawa as police moved to enforce the Emergencies Act on February 18. She was acquitted at trial, a result recently confirmed after the Crown appealed. JCCF client Ben Spicer was charged with mischief, obstruction and weapons offences after police grabbed him off the street during the protest and found a pocket knife and bear spray in his backpack. Spicer was then secretly recorded in a police van. After a six-day trial, all charges were dropped because he’d been arrested unlawfully. Evan Blackman, yet another JCCF client, was charged with mischief and obstruction, and had three bank accounts frozen. Drone footage later showed Blackman holding back protesters in order to de-escalate the situation. And just before he was arrested, he could be seen singing “O Canada”. The judge dismissed all charges after a one-day trial because of evidentiary weakness; the Crown is appealing.

Feeling mischievous: Police arrested 196 protesters in Ottawa after the Emergencies Act’s invocation, charging many with mischief and obstruction. Most had their charges later dropped or were found not guilty at trial, with the Justice Centre for Constitutional Freedoms playing a key role in these successful defences. (Source of photoThe Canadian Press/Justin Tang)

Not every mischief case has collapsed in calamitous fashion, however. Publicity-seeking protester Tyson “Freedom George” Billings, who was not represented by the JCCF and had no direct link to Lich or Barber, pleaded guilty to counselling others to commit mischief. The other charges against him were dropped and he was sentenced to time served, about four months. And Pat King, who also garnered ample attention during the protest, is still awaiting the verdict of his mischief trial, which lasted three weeks. King and Billings were notable for their confrontational and often uncooperative relationship with the police during the protest, in sharp contrast with Lich and, for the most part, Barber.

Another exception to the raft of failed cases is the fate of the so-called “Coutts Four”. Separately from the Ottawa protest, Chris Carbert, Anthony Olienick, Chris Lysak and Jerry Morin were among the most hard-line of hundreds of participants at a tense, weeks-long standoff at the Coutts, Alberta border crossing. On February 15 the four were arrested and charged with conspiracy to murder police officers as well as other weapons and mischief offences, upon which the whole protest disintegrated. Meanwhile, up to 100 other protesters at the site were charged with provincial regulatory offences.

Mischief ignored: The “Coutts Four” – (left to right) Chris Carbert, Anthony Olienick, Jerry Morin and Christopher Lysak – were found guilty of serious crimes arising from a tense blockade at the Coutts, Alberta border crossing. While Olienick and Carbert were also found guilty of mischief, their six-month sentences for this crime are to be served concurrently with their other, longer sentences. (Source of montage: CBC)

This past February, Lysak pled guilty to possession of a weapon in an unauthorized place and Morin pled guilty to conspiracy to traffic firearms – clearly serious offences, but a vast reduction from the potential life sentences they faced. Both were sentenced to time served. More recently, Olienick and Carbert each received sentences of six-and-a-half years for various weapons offences. As for their mischief charges, each received an additional six-month sentence to be served concurrently with the other, more serious convictions. Finally, an Alberta law firm recently announced that of nearly 50 clients facing provincial charges for participating in the Coutts border protest, all either had their cases dropped or resolved for a nominal fine of $1 each.

At this point, Lich and Barber appear to be the only remaining major participants from the entire national saga who are still available to punish.

“Prosecutorial Vendetta”

While outcomes have varied, a clear pattern emerges from a survey of mischief charges laid during the Emergencies Act. Most have been dismissed or returned with a not guilty verdict after only a few days in court. A few – such as Billings’ guilty plea – have resulted in a minor sentence befitting the minor character of the crime itself. For Olienick and Carbert, their guilty verdicts for mischief had no impact on their overall jail time; they faced much more serious charges, and their mischief was essentially ignored. And the mischief trial for Pat King, who is still awaiting his verdict, was completed in three weeks.

By comparison, the trial of Lich and Barber stretched into a 13-month epic, comprising 45 trial days. All for a collection of rather modest mischief and obstruction charges. Why would that be?

The answer, according to Ari Goldkind, a high-profile Toronto criminal defence lawyer, lies in the exact thing Wetscher tried so hard to wave away during her concluding statement: politics. “There is no question whatsoever that this is a political trial,” Goldkind states emphatically in an interview. For the Trudeau government to justify its suspension of Canadians’ civil liberties through the Emergencies Act requires an identifiable villain or two. Lich and Barber fit that bill. The length and unprecedented vigour with which the Crown has pursued the pair – Lich especially – as well as the manner in which the trial has dragged on, argues Goldkind, suggest there’s a “prosecutorial vendetta” against them.

“Prosecutorial vendetta”: Referring to Lich and Barber, high-profile Toronto criminal defence lawyer Ari Goldkind says, “There is no question whatsoever that this is a political trial.” (Source of photo: Lorenda Reddekopp/CBC)

 

 

 

 

 

 

When Lich herself arrived in Ottawa, the diminutive, then-49-year-old Métis grandmother quickly became the public “face” of the protest. At a February 3 press conference, for example, she was introduced as “the spark that lit this fire and the leader of this organization.” And while she claims in her book Hold the Line: My story from the heart of the Freedom Convoy that such a description “wasn’t accurate,” she nonetheless admits she filled a necessary role. “I guess I found a talent I didn’t know I had before,” she writes, speculating that her time spent on stage with her band might have prepared her for all the attention. “But I mostly feel like it was guided by God,” she adds.

While the Freedom Convoy was essentially ungovernable, comprised as it was of many disparate groups and publicity-seeking, independent-minded individuals, Lich tried her best to put her own calm and reasonable stamp on the proceedings. Throughout the protest, Lich’s efforts were observably peaceful and without any apparent mal intent. One of her first acts was to set up an independent group of accountants to handle the flood of donations financing the protest to prevent any suggestion of financial impropriety. In her dealings with the police, she always tried to find common ground – a fact readily acknowledged by police witnesses during the trial. Sergeant Jordan Blonde of the OPS protest liaison team, for example, noted in his testimony that Lich was always “polite” in his dealings with her, and that the protest itself was comprised of “many different groups and factions… [and] unattached people” who were not “aligned with anybody.”

In her own interactions with the protesters, over whom she had no real control, Lich repeatedly stressed the protest’s peaceful nature and worked tirelessly to rid the movement of disreputable or hateful characters. She even cobbled together a deal with Ottawa mayor Watson to move some trucks out of the downtown area; ironically, that deal went into effect on the same day as the Emergencies Act was invoked. As her lawyer Lawrence Greenspon observed in a brief courthouse lobby interview, “She is a genuine, very pleasant person, and almost a throwback to the peace-and-love days. She was preaching all along that ‘we only wanted a peaceful, non-violent demonstration.’”

“A throwback to the peace-and-love days”: According to her lawyer Lawrence Greenspon (at left centre, in barrister’s robe), Lich was a source of calm and grace throughout the protest and “only wanted a peaceful, non-violent demonstration.” (Source of photo: The Canadian Press/Adrian Wyld)

Perhaps it’s this “peace-and-love” attitude that has provoked such spite towards her. Whatever the reason, the official animosity has been painfully obvious. While the physically-imposing Barber was released on bail less than 48-hours after his arrest, Lich spent 18 days awaiting bail. At her first bail hearing, Ontario Justice Julie Bourgeois claimed Lich posed such a risk to the “physical, mental and financial health and well-being” of the people of Ottawa that she denied her application outright. Only after a bail review hearing several weeks later was Lich finally released pending trial. As Goldkind points out, many extremely violent and/or repeat offenders in Canada spend no time at all in jail following their arrest. This, as many critics observe, is the result of the Liberals’ 2019 bail reform package widely derided as a “catch-and-release” policy; it apparently doesn’t apply to Lich.

When she was finally set free, Lich returned to Alberta saddled with a long list of bail conditions, including that she neither publicly support the protest nor have any contact with other protest organizers unless a lawyer is present. “After weeks of fighting for Canadians’ right[s] and freedoms, I was losing so many of mine,” she laments in Hold the Line. It was because of these efforts, however, that in June 2022 it was announced that Lich had been awarded the annual George Jonas Freedom Award, sponsored by the JCCF. Naturally enough she wanted to go to Toronto to accept the honour in person. But before she could, the Crown came after her yet again.

At a court hearing necessitated by the award (since her bail conditions also banned her from setting foot in Ontario), Crown prosecutor Moiz Karimjee argued that simply by accepting the honour, Lich had violated the terms of her bail and should be locked up again. Such an absurdity was quickly brushed aside by the presiding judge, who ruled she could travel to Ontario to attend the celebration, provided she abided by the remainder of her bail restrictions. While there, however, Lich was photographed standing beside another convoy participant, Tom Marrazzo.

The fateful photo: When she went to Toronto to accept the 2022 George Jonas Freedom Award at a gala presentation, Lich was photographed beside fellow protester Tom Marrazzo (second from right) with lawyers standing just off-camera. This led to a Canada-wide warrant for her arrest and another 31 days in jail. (Source of photo: CBC)

 

 

 

 

 

As she recalls in her book, “Lawyers were standing just outside the frame” when the picture was snapped, in fulfilment of her bail conditions. No matter. When the lawyer-less picture began circulating on social media after she’d returned home, Karimjee issued a Canada-wide arrest warrant in her name. Two homicide detectives were then dispatched from Ottawa to pick Lich up in Medicine Hat; the two burly detectives slapped her in leg shackles for the trip to the Calgary airport. You can’t be too careful with grandmothers.

At her next bail hearing, the Crown argued that the decade of prison time Lich faced made her a flight risk and that she should be kept in jail until her trial was over – a move that would have resulted in several years of imprisonment, regardless of the verdict. To this request, Superior Court Justice Andrew Goodman asked Karimjee if he could name a single mischief case in Canada that had resulted in a 10-year sentence. When Karimjee demurred, Goodman set Lich free once more.

In his ruling, Goodman offered his own expert opinion on the fate awaiting Lich. She “is charged with mischief and obstructing police-related offences, not sedition or inciting a riot,” the judge pointed out. “It is highly unlikely that this 49-year-old accused, with no prior criminal record and questions regarding her direct participation in the overall protests…would face a potentially lengthy term of imprisonment.”

Even if she’s found guilty, Goodman concluded, she’ll probably be sentenced to no more than time already served. All told, that amounts to 49 nights in jail. Says Goldkind: “That’s 49 nights longer in jail than someone who is caught driving three-times over the legal [alcohol] limit would likely face.” Had Karimjee gotten his way, however, she’d still be in jail – a term of 28 months and counting.

In an effort to explain the Crown’s extreme hostility towards her, Lich reveals in her book that prosecutor Karimjee has donated over $17,000 to the federal Liberal Party since 2013 and that his generosity has merited an invitation to at least one “donor appreciation” event with Trudeau himself. Similarly, Bourgeois, the judge who initially denied Lich bail, was once a Liberal candidate in an Ottawa-area riding during the 2011 federal election. In her journey through the courts to that point – a case the Crown argues is not political in any way – it was Karimjee and Bourgeoise, both with longstanding and very public Liberal sympathies, who had been the gatekeepers of a legal system intent on holding her to account for leading a massive political protest against the Liberal government. As Lich writes, “I didn’t stand a chance.”

“I didn’t stand a chance”: According to Lich’s book Hold the Line, Crown prosecutor Moiz Karimjee (top right) made substantial donations to the Liberal Party of Canada beginning in 2013, while the judge in her initial bail hearing, Justice Julie Bourgeois (bottom right), ran as a Liberal candidate in the 2011 federal election. (Sources of photo: (top right) True North; (bottom right) juliebourgeoisgpr/YouTube)

Part II of “Mischief Trial of the Century: Inside the Crown’s Bogus, Punitive and Occasionally Hilarious Case Against the Freedom Convoy’s Tamara Lich and Chris Barber” will appear on November 5.

Lynne Cohen is a journalist and non-practicing lawyer in Ottawa. She has published four books, including the biography Let Right Be Done: The Life and Times of Bill Simpson.

Source of main image: The Canadian Press/Adrian Wyld.

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