Crown Files Appeal Against Sentencing, Acquittals of Freedom Convoy Organizers Lich and Barber

The Crown is seeking to replace Barber’s 18-month conditional sentence with a harsher penalty, and has asked the Court of Appeal to either enter a conviction on the intimidation charge or order a new trial on that count, according to a release from the Justice Centre for Constitutional Freedoms (JCCF).

The Crown’s appeal states that the judge erred in her verdict on the intimidation charges, erred in how she treated aggravating and mitigating factors on sentencing, and erred by giving Barber a concurrent sentence and allowing him to serve his sentences at the same time, rather than one after the other.

According to the JCCF, Barber also filed an appeal on Nov. 5 to challenge both his convictions and his sentence, arguing that the trial judge misapplied the law on mischief and failed to properly consider his cooperation with law enforcement.

“Mr. Barber relied in good faith on police and court direction during the protest. The principles of fairness and justice require that citizens not be punished for following the advice of authorities. We look forward to presenting our arguments before the Court,” Barber’s lawyer Diane Magas said in a statement.

The development comes a day after Lich’s lawyers filed a notice of appeal for her mischief conviction in the Ontario Court of Appeal on Nov. 4. Lich and Barber were both found guilty of mischief in April, while Barber was also found guilty of counselling others to disobey a court order.

Justice Heather Perkins-McVey did not find Lich and Barber guilty of intimidation or counselling to commit intimidation on April 3, saying in her verdict that the Crown’s arguments for the charge were the same as mischief, but that Lich and Barber did not engage in elements of “violence” or “threats” that would have resulted in an intimidation charge.

Barber and Lich were also found not guilty on charges of obstructing police. The justice said the two “encouraged their followers to cooperate with police if arrested, to respect police, to be peaceful.” The pair also had the charges of counselling to commit mischief stayed.

Both Lich and Barber were given 18-month conditional sentences on Oct. 7 for their roles in organizing the Freedom Convoy trucker protest, which saw vehicles gather in Canada’s capital city to protest against COVID-19 vaccine mandates and other public health restrictions.

Lich’s lawyers said in their notice of appeal filed on Nov. 4 that there was substantial evidence shown in court that Lich encouraged protesters to act lawfully and peacefully, but no evidence linking Lich “to the misdeeds of others” in the protest.

The notice of appeal also states that the trial judge failed to “give effect to the principle that communication that would otherwise be mischief” is protected by section 2(b) of the Charter of Rights and Freedoms, which involves freedom of expression.

Both Lich and Barber were sentenced to 12 months under house arrest for their roles in the protest. Lich will be under a curfew between 10 p.m. and 5 a.m for the remaining three and a half months, while Barber will be under curfew for the same timespan for the remaining six months. Both Lich and Barber will also be required to perform 100 hours of community service.

The Crown had sought a seven-year prison sentence for Lich and an eight-year sentence for Barber, as well as to auction off Barber’s transport truck, “Big Red,” which he used during the protest in Ottawa.

Perkins-McVey said that such lengthy sentences would not have been “fair, appropriate or consistent with the principles of sentencing.”

The judge also said her decision on the seizure of Barber’s truck will come sometime after late November, when the Crown and defence are set to provide submissions on the matter.