The evidence presented by both the Crown and the defense in the criminal trial of two prominent organizers of the “Freedom Convoy” protest appears to serve as a kind of Rorschach test, reflecting people’s diverse opinions about the massive demonstration, according to criminologist Michael Kempa.
The trial is set to resume on Wednesday after a two-and-a-half-week hiatus and has predominantly focused on the social media posts made by Tamara Lich and Chris Barber, who are co-accused for their roles in organizing and allegedly orchestrating the events during the early months of 2022 in Ottawa.
Both the Crown and the defense have presented videos that depict appeals by Barber and Lich to maintain a peaceful protest, describing it as a movement driven by love and expressing gratitude to the police for ensuring public safety during their demonstration against COVID-19 public health measures.
These videos also reveal Lich and Barber urging people to come to Ottawa and “hold the line,” even when the police ordered protesters to vacate downtown streets.
Lich and Barber led a protest convoy to the capital, where demonstrators camped for weeks, creating what some participants described as a “festive” atmosphere, while several Ottawa politicians and residents referred to it as an occupation.
It is uncontested that the protest was disruptive and that laws were violated as protesters blocked intersections around Parliament Hill and neighboring residential areas for three weeks.
The crux of the case revolves around whether Lich and Barber engaged in any illegal activities and whether they used their influence within the protest to encourage others to break the law.
Lich and Barber are facing charges of mischief, obstructing police, and inciting other protesters to commit mischief and intimidation.
When court proceedings resume on Wednesday, Justice Heather Perkins-McVey is expected to rule on whether eight local Ottawa residents will be permitted to testify.
The defense has argued against hearing from these witnesses, asserting that they had no interactions with Barber or Lich. These witnesses can only provide their personal observations during the protest, and the defense has already acknowledged that unlawful behavior occurred.
The Crown, on the other hand, insists on presenting its case as it deems appropriate and seeks to have local witnesses describe how the disruption, intimidation, and obstructions resulting from the protest manifested on the streets.
Kempa stated that it will be the Crown’s responsibility to demonstrate to the court how all the evidence substantiates that Lich and Barber were in control of the crowds and encouraged them to break the law.
The Crown is expected to outline how the evidence supports its argument at the conclusion of the trial.
Originally scheduled to last only 16 days, the trial appears far from reaching a conclusion, with just three days left. Perkins-McVey has been collaborating with the Crown and the defense to allocate additional dates to complete the trial, but no dates have been set so far.
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