Defence shows peaceful side of 'Freedom Convoy' during trial

Chris Barber's lawyers showed social media videos of the organizer of what became the "Freedom Convoy" promoting peace and respect for police during the eighth day of a criminal trial for two leaders of the protest that blockaded large swaths of downtown Ottawa during the winter of 2022. 

Barber, a 48-year-old trucker, is co-accused alongside Tamara Lich. The two are facing charges that include mischief, counselling others to commit mischief, intimidation and obstructing police for their role in the weeks-long protest. Barber faces an extra charge of counselling others to disobey a court order.

One of Barber's lawyers, Marwa Younes, spent much of Thursday morning introducing videos showing a more peaceful side of the protest than what had been brought forward by Crown prosecutors. 

In those videos, Barber, who travelled from his home in Swift Current, Sask., to attend the protests, is seen consistently calling for protesters to stay peaceful and respect law enforcement. 

In a video he posted to TikTok on Feb. 10, Barber tells his thousands of viewers law enforcement had been "amazing" and he thanked them for doing "an awesome job."

In another, posted two days later, he tells supporters to comply with police if they are arrested. He was arrested Feb. 17, three days after, on Feb. 14, the Emergencies Act was invoked by the federal government to end the protests.

Diane Magas, counsel for Barber, said presenting those videos was to show the judge circumstances and context.

The defence also showed a video from the time the trucks were in Ottawa of former Newfoundland premier Brian Peckford, who talks about the Charter of Rights and Freedoms. Peckford is the only living first minister who was involved in the agreement to repatriate and update the Canadian Constitution in the early 1980s, and came to Ottawa supporting protesters. 

"We're going to determine the future course of our country so that every single person who lives in this country has the individual rights and freedoms that they not only deserve, but have under the Charter of Rights and Freedoms," Peckford said in the video, which was posted on Feb. 14.

"Hold the line."

Magas said the video of Peckford gives legitimacy to the protests and speaks to the state of mind of the protesters.

She said she can't interpret for the court what Peckford meant by stating "hold the line" but she said "it will certainly be argued that there's certainly not a suggestion that Mr. Peckford suggested anything criminal by those words, there's different interpretation for the words 'hold the line.'"

"We're going to be arguing that there's inferences of lawful protesting behind those words for the former premier," she said.

The Crown and defence will be at odds over how best to interpret the phrase, and what it meant to Lich and Barber. 

In a video presented by the Crown earlier this week from a Feb. 14, 2022 press conference, Lich promised the protest would stay peaceful even as the federal government was preparing to use the Emergencies Act to clear the streets. 

"No matter what you do, we will hold the line," Lich, who is from from Medicine Hat, Alta., said in the video. 

Crown lawyers said it was important to note what was — and wasn't — said through various social media channels from the "Freedom Convoy" organizers.

Asked to provide an example of what was not said, prosecutor Tim Radcliffe said "go home," "park somewhere else" and "stop honking."

The Crown is trying to use videos and other social media evidence to show Lich and Barber had influence and control over the protesters in their capacity as leaders.

They are also arguing pieces of evidence against one of the accused should apply to both, saying the two acted in tandem.  

Defence lawyers plan to argue some of that information isn't relevant and shouldn't be admitted as evidence.

Justice Heather Perkins-McVey is expected to rule on that, and whether residents and businesses impacted by the convoy can testify, later in the trial. 

Thursday's proceedings ended with one of Lich's lawyers, Eric Granger, showing a series of posts from the Freedom Convoy 2022 Facebook page and other social media depicting the protest as peaceful and unified.

In one, recorded as Lich was making her way to Ottawa, she tells her supporters being violent or threatening is "not our mandate."

"This is about your rights and freedoms, and we're not here to be violent or anything like that," she said. 

In another, she tells her viewers anyone caught breaking the law or promoting violence will be reported to the police. 

Originally set to end in October, the trial has endured eight slow-moving days and the court is now preparing additional dates — but court is not scheduled to sit Friday.