Tamara Lich lawyer says court shouldn't put 'Freedom Convoy' on trial

The lawyer representing one of the key leaders of the "Freedom Convoy" says his client's legal proceedings in September should focus on the evidence in her case, and not be trial of the movement that occupied downtown Ottawa streets for several weeks in the winter of 2022.

Lawrence Greenspon was one of a handful of lawyers in an Ottawa courtroom Tuesday arguing on behalf of his client Tamara Lich, who is facing charges of mischief, obstructing police, counselling others to commit mischief, intimidation and failing to comply with bail.

Lich is co-accused alongside Chris Barber, who faces similar charges of mischief, counselling to commit the offence of disobey court order and counselling to commit the offence of obstructing police. He is represented by Diane Magas.

Both of the accused joined the court proceedings through a video call. 

The lawyers were arguing over the level of disclosure provided to the accused by the Crown. 

The matter ended with Crown attorney's agreeing to share with Lich and Barber's legal teams an itemized list of exhibits and a proposed witness list before the next court appearance scheduled for Aug. 9.

Outside of some technical troubles with Barber's video, there were no interruptions or departures from the norm on Tuesday.

But Justice Heather E. Perkins-McVey said she recognized the trial had the "capability of getting out of control."

She encouraged all the lawyers present to work together and avoid unnecessary delays or conflict. 

"I'm going to ensure this matter stays on track," she said.

Chaotic court appearances

The self-described "Freedom Convoy" movement began as protests against COVID-19 vaccination passports, masks and other health mandates, and culminated with thousands of people in trucks and cars occupying the capital in early 2022. The protest ended after the Trudeau government invoked the Emergencies Act.

Several of the people associated with the "Freedom Convoy" who faced criminal charges have had at times chaotic court appearances, as many of the accused have rejected traditional legal conventions. 

Last month one of the men facing charges for his role in the protests was charged and forcibly removed for illegally filming inside a courtroom.

During the Public Order Emergency Commission held last year to examine the federal government's use of the Emergencies Act to end the protests, Barber attempted to distance himself from other organizers and stressed people attended the "Freedom Convoy" for many reasons. 

Barber, who runs a trucking company in Swift Current, Sask., said at the time the group of protesters he arrived in Ottawa with were not associated with people inspired by what was happening in the capital who blockaded border crossings across the country. 

During her testimony at the commission, Lich said she was never directly told to leave Ottawa and said she felt instructions from police to do so were merely suggestions. 

Prime Minister Justin Trudeau invoked the Emergencies Act for the first time in Canadian history on Feb. 14 last year, arguing its temporary and extraordinary powers were needed to end blockades in Ottawa and at border crossings.

Lich and Barber were arrested in Ottawa on Feb. 17, 2022 and their trials are expected to begin Sept. 5.