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COVID-19

Freedom Convoy Diary – How a young Central Alberta family found themselves in Ottawa protesting mandates

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24 minute read

When Cody Borek refers to “the road” he isn’t typically thinking about the highway.  For Cody and his wife Evalena, “the road” usually means Main Street in Settler, or Lakeshore Drive at Sylvan Lake.  That’s because the Boreks are not truckers.  Cody and Evalena run a couple of unique small businesses in Central Alberta. Sweet Home on Main Street in Settler is a ladies boutique and clothing store. They sell locally crafted vendor items. There’s even a cafe with on-site baking.  Sweet Home on the Lake at Sylvan Lake is the same type of operation, charming, homey, even trendy.  Certainly not the kind of place that comes to mind when you think of people who might drive across the country in support of something called the Freedom Convoy.

But before you make your judgement (I know.. you already have) just hear the Borek’s out a bit.  Maybe you’ll understand why they so desperately want to do anything they can to end this two year stretch of restrictions and division. Maybe you’ll understand why they loaded up their 3 children under 5 for a cross country trip promising as much risk as adventure. Cody knows there’s a price to pay.  So far about a thousand people have ‘unfollowed’ them on social media. Some have even returned items to their store because of their stance.  That opposition just proves the incredibly sad state of affairs the Boreks are so desperate to leave behind.

Cody and Evalena bought their businesses in 2018. For more than half of the time they’ve owned the stores, they’ve had to juggle covid restrictions on top of all the other challenges new business owners face. Days ago, their neighbouring cafe owner came over to tell them he can’t do it anymore.  He closed on the last day of January. One more piece of data.  Another business done in by pandemic restrictions.  For their part, the Boreks feel terribly uncomfortable asking customers for health information.   They know it’s a small price to pay for protection, but they feel like it’s becoming a permanent problem and they know it’s leaving some people on the outside.

They’ve also been raising three children.  For more than half their young lives, those children have not seen the smiling faces or enjoyed a ‘high-five’ with the people they come into contact with.  The youngest doesn’t know that world even exists. Cody and Evalena aren’t sure exactly what that will mean to the way their children think about the world and community, and ‘others’, but they know they don’t like it.  Then there’s the other end of the family.  The Boreks lost a grandfather in the midst of covid.  Like so many Canadians, they know the tragic heartbreak of not being there when someone they love dies, alone.  Their last contact with grandpa, was through a window.

In the end, the Boreks don’t see this ending.  The cycle of covid waves has the world heading in a direction they do not want their kids to grow up in.  That’s why they decided even though they aren’t truckers, they wanted to join the Freedom Convoy.  As of Tuesday, they’re still in Ottawa. Here’s a diary, tracking that trip, written by Cody Borek, and posted to his facebook page.  We have exerts and photos here posted with Cody’s permission.


January 25 – Leaving Stettler for Ottawa

This morning our family starts our drive to Ottawa❤️ The last 2 years have been some of the most mentally challenging of our life.

Family and friends have battled depression, business closures, jobs lost and there have been enough tears shed.

We do understand the first rule of business is to not get involved with politics. But we truly feel that this is so much more then that. Our 3 kids under 5 don’t know or hardly remember a life where strangers don’t wear masks. A life where you greet your neighbors and fellow community members with a smile.

We are taking this journey with our kids because it gives us hope❤️. Seeing so much of our country come together brings tears to my eye.

Some of you will strongly disagree with us taking this journey and making this stance. We can respect that, but it is something that we needed to do.

January 27 – Why we’re doing this

What would cause somebody to pack up their young family, risk everything they have worked for and drive 36 hours in the middle of a Canadian winter?
Severe discontentment and HOPE.
Instead of attacking our character and assuming we must be white supremacists or terrorists wanting to break up our country, I ask you to think deeper. Try to understand the why, and look to all of the people you know and love that are in support of this movement.
I know some of you truly believe what we are doing is wrong, but then you notice friends that you deeply respect in support of this journey. Have an open conversation with them.
There is so much hurt in my family, community, and country. If we want this to end we need to love our neighbours again.
This is not a fringe group of people making this stand, sure there could be some, but I honestly believe this is the silent and becoming less silent majority.
It is not an easy decision to drive across Canada to make a stand. For the tens of thousands that are doing it not only is it a massive financial challenge. They are also risking their safety on the roads, they are risking the unknown of what happens when we arrive to Ottawa and all the rumours of the military. They are risking members of their community trying to “cancel” them and their character without true understanding.
If I felt our future was going to soon be back to normal, or these government restrictions made a lick of sense I would not have joined the journey.
I complain too much, and have seen too much hurt in my wife, mom, kids, sister, family, team members, and friends to not try to do something about it. This movement has potential, and I hope you join in any way you can. At the very least to make a stand.
It was possible for me to join. I had a duty to do so. I know millions more would be by our side if they had the ability. Thank you for your support, I am not just here for my family, but for all of you who wish you could be here. To those who wish us ill, please seek to understand.

January 28 – On the road with the Freedom Convoy

This convoy is the most incredible thing I have ever witnessed. Beyond what you could imagine.
We just rolled into North Bay, just a few hours from Ottawa and I want to share some of the experiences.
EVERY single community entrance, EVERY gas station, EVERY road side diner is crowded with supporters cheering us on. They have the flags flying, cars honking, kids waving and ladies cheering. Workers in coveralls are stopped along every road.
The support in Ontario has been much more then we anticipated. Gas stations giving free drinks and discounted gas. Restraunts advertising free food. Business owners along the way offering cash for the journey. Groups handing out windshield washer fluid and bagged lunches.
We broke off from the main West Convoy at White River last night as they closed the road to Sault Ste Marie around Superior Lake. We were nervous they wouldn’t open it back up so we headed North.
We then learned there wasn’t just one convoy, but downloading the truckers app on Zello, we realized there are at least a half dozen coming from all over Canada and USA.
When we are in the convoy there are semis, trucks and cars as far as you can see in front and behind. And I believe we were in one of the smaller groups.
Each community you see an overwhelming amount of vehicles on route with flags flying and license plates from every province.
It’s truly humbling to be apart of.
Thank you for your support.
This needed to happen.

January 28  – Canadians come out in support

 

January 29 – Moved to tears

They say grown men don’t cry. This journey has made that not possible. Thousands upon thousands of people lined the roads sending us off to Ottawa.
People of every age, and background. You could see and sense so much hope.
Slowly rolling by making eye contact with some of the fathers at the side of the road. They would have tears in there eyes and just give you that head nod. I know we are on the right side of this movement. It needs to happen. Many of these mandates simply don’t make sense and they need to end.
It hasn’t been possible for us to get a true sense of how many people are in these convoys. But I am telling you the people lining the streets, parking lots and overpasses of every town are beyond words.
We are receiving much more love then hate. But there needs to be a conversation and understanding. Name calling and attacks just divide us further. I took this journey, because I have seen too much pain in my family, friends, team members, and business community. My 3 kids under 5 don’t know or remember a world without masks and keeping your distance from your neighbours. I would rather close my business then tell my team they can’t work for us unless they are vaccinated and boosted. I can’t be convinced that should be the new normal. It’s been 2 years of “almost over”, just this one more hurdle. I don’t believe the hurdles will ever stop unless we stop jumping.
Do you have a “why” you support this movement? Maybe if we fill the news feeds seeking to share why we feel the way we do instead of attacks, it may shift more and more people to understanding. The politicians need to shift with public opinion, and I don’t think the silent majority have been clear enough.

January 30 – Eyewitness report from Parliament Hill

This is what I am seeing on the ground.
I believe this to be one of if not the largest protest in Canadian history, yet not a single arrest has been made and no violence documented. That is incredible and a statement.
The Terry Fox statue should not have been used as a political symbol. People should not be holding Nazi or swastika flags. That is 100% in agreement from all. Those who disagree with the movement that have happened latch on to it and say that’s what we are about.
The truth is those flags didn’t last long. Large groups of people peacefully asked them to remove them immediately when they are seen.
If you don’t believe there are a few agitators here trying to provoke violence to discredit this whole movement you are wrong. I have already experienced them. I believe those with these signs are doing the same.
I loved the analogy from Pierre Poilievre the other day, and am going to spin it a little different. When someone in my home town of Stettler commits a felony. I don’t believe my community to be bad. That individual needs to answer for the felony he commited. Not my entire town.
Just like here. You have hundreds of thousands of people. Yet those who oppose what we are doing latch on to what one or two individuals do, then label us all as extreme disrespectful people, just to gratify the belief they have.
I challenge you to use your logic. Don’t drive the country apart further by name calling. Messages we receive saying we are disgusting or awful parents are quite annoying, though I don’t take them to heart. I just know you don’t yet understand why we are here.
I hope the scale of this should help you to continue to question the narrative the media and politicians are pushing. I truly hope one day we can shake hands and come to an understanding.

 

January 30 – The media narrative vs my lived experience

This is why traditional media is going extinct. Social media is exposing the narrative. Trudeau says only a small fringe support this movement. The media is following the script and mostly showing the “fringe”.
If they can manipulate the media, they can manipulate the narrative.
I have been receiving many messages about all the Swastika’s or inappropriate signs and they are asking me to tell them the truth of what I see. Another question is how many trucks are here.
Firstly, I challenge you to go through photos showing hundreds of people. I don’t think it will be very often you come across 1 or 2 inappropriate signs. When they do pop up, you better believe those who oppose this are going to snap a picture before others ask them to put them away.
Secondly, there are streets of trucks visible and much of downtown is at a gridlock. We were advised from our hotel that if we leave they don’t know if we can get back in. The police have many roads blocked not allowing the Western Convoy to yet join. They say they are coming tomorrow after the foot traffic has died down.
Are there people here with questionable motives? Yup probably. But the vast majority of people, who have travelled from all across our country, just want to take a stance. We are united in the fact that our government is over reaching too far into our lives and trying to make choices on our behalf that we simply won’t allow. People want to do their jobs, see their families, visit with their neighbours and live their lives❤️.
“Freedom is never more then one generation away from extinction. We didn’t pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same”.
Ronald Reagan
January 31 – The Prime Minister further divides us
Trudeau:
“Canadians were shocked and frankly disgusted by the behaviour displayed by some people protesting in our nations capital.”
I’m sure they would be when that’s what the media shows them, and that’s the narrative you are desperate to push to slow any momentum. Thankful for social media to continue to share what we experienced. Not once have I felt unsafe with my family.
There are people giving free food at stands, and walking the trucks offering truckers free food and coffee. I find it impossible to believe it was truckers that demanded food at a homeless shelter.
I did not witness any dishonouring of our war memorials, nor did I personally witness dishonouring of the Terry Fox statue. Quite the opposite. But I’m sure there could have been some which is so sad that a few can change the narrative.
The police are EVERYWHERE, both RCMP on horses and from cities all over. All that we have witnessed are very friendly. They smile at the kids, and wish us a great day. A minority of them have their masks pulled down
I sure hope you don’t let the media convince you against the magnitude and peacefulness of this. There have still been no arrests. I do believe many in the city may be inconvenienced by this. The honking is constant and loud and you couldn’t drive to work. But you haven’t been inconvenienced to the level of losing your job.
Thank you for standing with us back home❤️
CBC reports 8,000 people on Saturday and 3,000 on Sunday. This is just so wrong. I personally talked to parliament security who said they have never witnessed anything like it. He told me it was bigger then what they see on Canada Day.

January 31 – PM’s comments will ensure both sides double down in division

The Prime Minister didn’t take my advice about seeking to understand. Maybe I should😅
There are people whom I respect that disagree with me making this journey to Ottawa with my family. They aren’t as loud in my comments or messages, but I am certain that each one of my posts that challenge what they see would be frustrating. Just as when I see posts challenging what I am seeing here are frustrating to me.
The Prime Minister’s comments only divide us further. Do you think calling us racist, and fringe will make the truckers want to pack up? They are going to double down just as he has.
I would love to respectfully hear your comments on why the vaccines and masks need to be a government mandate and not a personal choice.
It truthfully doesn’t make sense to many of us.
I hope to open some discussion and understanding from both sides without personal attacks having to get involved.
—————————–
As of Tuesday morning, the Borek family were returning to Parliament Hill to show some more support for Freedom Convoy.  Cody plans to continue to post updates to his facebook page.

 

Before Post

After 15 years as a TV reporter with Global and CBC and as news director of RDTV in Red Deer, Duane set out on his own 2008 as a visual storyteller. During this period, he became fascinated with a burgeoning online world and how it could better serve local communities. This fascination led to Todayville, launched in 2016.

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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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