A pandemic of fear met with resistance

In January and February 2022, thousands of Canadians travelled from all corners of the country to the nation’s capital to protest mandatory vaccination policies, which turned millions of Canadians into second-class citizens if they did not get injected with the Covid vaccine. 

In British Columbia, dissenting healthcare workers and firefighters were fired. In Nova Scotia, judges were pressured into getting injected and threatened with consequences for choosing not to do so. In Quebec, government officials threatened a tax on the unvaccinated. Across Canada, conscientious objectors were fired from their jobs, suspended from their university programs, and prevented from travelling. Cross-border Covid vaccine mandates particularly affected Canadian truckers.  

Canadian truckers and the Freedom Convoy protest 

The pressures being applied by governments across Canada to get citizens to bend to their will resulted in what became known as the Freedom Convoy protest. Truckers across the country drove to Ottawa to try to meet with federal politicians and air their grievances. The Justice Centre sent lawyers to the protest to advise protestors of their constitutional rights.  

Chris Barber and Tamara Lich arrested at Ottawa protest 

Chris Barber and Tamara Lich were arrested in Ottawa on February 17, 2022–one day before the brutal police crackdown on Freedom Convoy protestors – and after the federal government illegally invoked the Emergencies Act on February 14, 2022. 

This was the first time the Act had ever been invoked to clear the protest. Chris Barber and Tamara Lich were both criminally charged with mischief, intimidation, obstructing a highway, obstructing a police officer, and counselling others to commit the same offences. They have asserted they were peacefully exercising their Charter freedoms of expression, association, and peaceful assembly during the Freedom Convoy protest in Ottawa.  

Barber and Lich’s trial originally scheduled to last 16 days

The Justice Centre has been supporting the defence of Chris Barber. Mr. Barber, a trucker and trucking company owner from Swift Current, Saskatchewan, pleaded not guilty to all charges on April 23, 2023. Diane Magas, his defence counsel, has consistently argued that he acted peacefully and lawfully throughout his time in Ottawa. Note: the Justice Centre is also providing legal support in a separate action for Mr. Barber, Ms. Lich and Freedom Convoy members who are being sued by Ottawa residents for $290 million.  

The criminal trial began on September 5, 2023, and was originally scheduled to last 16 days. Nearly one year later, the trial of Mr. Barber and Ms. Lich is nearing 40 days of court time. 

“Crown prosecutors in Ontario claim that they do not have enough resources to prosecute people accused of sexual assault and other serious crimes. People accused of serious crimes are walking away without facing trial because of extreme delays, supposedly caused by the Crown lacking adequate resources. Yet the Crown has devoted massive amounts of its limited time and energy to prosecuting peaceful protesters who exercised their fundamental Charter freedoms,” stated John Carpay, President of the Justice Centre. 

Final arguments include reference to DeCaire decision 

Lawyer Diane Magas was back in court with Mr. Barber the morning of Friday, September 13, 2024, to hear the Crown’s closing submissions. You can read the Crown’s final arguments here. The Final Submissions for Chris Barber are here. 

Ms. Magas said she will address the court referencing the R. v. DeCaire Appeal decision. She successfully defended Christine DeCaire when the Crown appealed Ms. DeCaire’s dismissal on charges of mischief for being at the Freedom Convoy protest. Ms. Magas hopes the court will use that decision as guidance when considering the current case. She will draw attention to paragraphs 30-31, where the Appeal Court noted the Crown still needed to prove beyond a reasonable doubt that a person actually engaged in mischief, and that merely being in the vicinity of where someone else might be causing mischief was not enough to convict. 

A date for the verdict was set for March 12, 2025. That date was postponed until April 3, 2025. 

John Carpay says, “Thanks to the generosity of donors, the Justice Centre has provided criminal defence lawyers for Chris Barber, Tamara Lich and other Canadians who were criminally charged in February 2022 for having peacefully exercised their Charter freedoms of expression, association, and assembly during the peaceful Freedom Convoy protest in Ottawa. More than 30 months ago, they were charged with mischief, intimidation, obstructing a highway, obstructing a police officer, and counselling others to commit the same offences. We have secured favourable outcomes for many individuals who were wrongfully charged, including acquittals at trial, the dropping of charges, as well as negotiated agreements with the consent of clients.” 

Court finds Chris Barber guilty of mischief

We are disappointed that the Ontario Court of Justice found Chris Barber and Tamara Lich guilty of mischief for their involvement in the peaceful Freedom Convoy protest.

The decision, released on April 3, 2025, follows upon 45 days of hearings in a criminal trial stretching from September 2023 to September 2024.

Justice Heather Perkins-McVey delivered the decision in the Ontario Court of Justice at the Ottawa Courthouse.

Counsel will carefully review the decision and confer with Mr. Barber to determine any next steps.

Chris Barber asks Court to stay proceedings against him

The Justice Centre for Constitutional Freedoms announces that Chris Barber has asked the Ontario Court of Justice for a stay of proceedings against him. He argues that the legal advice given to him by police officers, lawyers, and a Superior Court judge during the Freedom Convoy was erroneous and that, as a result, the Crown is not entitled to convict him.

On April 3, 2025, Justice Heather Perkins-McVey of the Ontario Court of Justice found Mr. Barber guilty of mischief and of counselling others to breach a court order. That decision followed upon a lengthy 45-day trial stretching from September 2023 to September 2024.

Diane Magas, Chris Barber’s lawyer, filed a Stay of Proceedings Application with the Court on April 16, 2025. In that Application, Mr. Barber and his legal team argue that he did, in fact, seek legal advice regarding his actions during the Freedom Convoy protest.

For example, he followed Ottawa Police Services directions on where to park trucks in downtown Ottawa. When an officer asked him to move his truck, “Big Red,” from downtown Ottawa, he moved it. On February 7 and 16, 2022, his lawyer at the time advised him that Justice Maclean of the Superior Court had confirmed that the protest could continue so long as it continued to be peaceful and safe.

In essence, Chris Barber and his legal team are now arguing that he followed all legal advice that was given to him in 2022, but that some of the legal advice he was given turned out to be erroneous.

Judge asked to set aside crown’s recommended sentence

Barber’s Application argues for a stay of proceedings against him on the grounds that “he sought advice from lawyers, police officers, and a Superior Court Judge on the legality of the protest he was involved in.”

This Application was filed one day after Chris Barber was informed that the Crown was pursuing a two-year prison sentence against him. In an April 15 Facebook post, Mr. Barber wrote, “My family got bad news today. The Crown prosecutor wants to lock Tamara Lich and me in prison for two years-for standing up for freedom. They also want to [seize] my truck, Big Red, and crush her like she’s just scrap metal or sell it at auction.”

If the Application is successful, Mr. Barber would not see prison time, nor would his truck be seized.

“Throughout the peaceful Freedom Convoy, Chris Barber did what any law-abiding Canadian would do: seeking out and acting upon the best legal advice available to him,” stated John Carpay, President of the Justice Centre. “Chris Barber consistently followed the legal advice that he received from police officers, lawyers, and a Superior Court judge.”

“To hold a well-meaning man behind bars for two years and to confiscate his property, as is now demanded by the Crown, would bring the administration of justice into disrepute,” Mr. Carpay continued. “Crown prosecutors are painting a portrait of a dangerous criminal, even while Chris Barber sought out and followed legal advice when participating in the Freedom Convoy in Ottawa in 2022. Chris worked within the law when peacefully exercising his Charter freedoms of expression, assembly and association.”

Stay of Proceedings hearing confirmed for Wednesday to Friday, May 21–23, 2025

Chris Barber’s Stay of Proceedings Application will be heard in person at the Ottawa courthouse from Wednesday to Friday, May 21–23, 2025, starting at 10:00 a.m. in Room 5 on May 21.

Members of the public are welcome to attend in person; virtual attendance is not available.

The court will consider whether to set aside the Crown’s request for a two-year prison sentence and the seizure of Mr. Barber’s truck, based on arguments that he acted in good faith by following official advice during the 2022 Freedom Convoy.

Chris Barber’s next court date is Monday, July 21, 2025

Chris Barber is scheduled for sentencing on July 21, 2025, unless his Stay of Proceedings Application is granted beforehand, which would halt the sentencing process and prevent jail time. If that Application is not granted, the next scheduled update will occur on July 21, 2025.

Chris Barber’s sentencing date moved to Wednesday, July 23, 2025

The Stay of Proceedings Application has been denied.  This means the upcoming hearing will focus on Chris Barber’s sentencing.

A series of Victim Impact Statements have been submitted to the court by the Crown. The sentencing hearing is now expected to be rescheduled for Wednesday, July 23, 2025.

The hearing is set to begin at 10:00 a.m. ET at the Ottawa courthouse.

Hearing on proposed forfeiture of Chris Barber’s truck scheduled on Friday, September 12, 2025

A hearing is scheduled for Friday, September 12, 2025, in Ottawa regarding the proposed forfeiture of Chris Barber’s 2004 Kenworth long-haul truck, known as “Big Red.” The hearing is scheduled for 10:00 a.m. ET at the Ontario Court of Justice, 161 Elgin Street, Ottawa, in room 12.

Mr. Barber, a Saskatchewan trucker and a central figure in the peaceful 2022 Freedom Convoy, relies on this vehicle as his primary source of income. The truck is now at the centre of government forfeiture proceedings. The court will consider arguments from Mr. Barber’s family, who have filed an application as interested third parties seeking to prevent the loss of the vehicle. The court is also expected to hear evidence from Detective Lauren regarding the corporate title and ownership of the truck.

Lawyers funded by the Justice Centre will argue that the proposed forfeiture would cause significant financial harm to Mr. Barber and his family. The hearing on September 12 will address both the summary dismissal application and the ownership evidence before the court.

Legal response to forfeiture filed

On September 24, 2025, lawyers funded by the Justice Centre filed a legal response opposing the Crown’s attempt to seize “Big Red,” the 2004 Kenworth long-haul truck he owns and relies on for his family’s trucking business.

The Crown has applied to seize the truck as “offence-related property,” alleging it was used in connection to committing an offence.

But Mr. Barber’s legal team argues the Ottawa police themselves directed him where to park his truck on Wellington Street and later approved “slow rolls” of the vehicle as a form of protest. In fact, the truck was moved out of the downtown core at the request of police on February 8, 2022, and never returned.

Constitutional lawyer Diane Magas said, “This truck was never a tool of crime. It is a working truck, directed by police where to park and moved when they asked. Seizing the very vehicle that Chris and his family rely on to earn a living would devastate a legitimate Canadian business.”

Take an exclusive video tour of Mr. Barber’s truck “Big Red” and see the memories and family history it carries.

Chris Barber given no jail time

On Tuesday, October 7, 2025, Justice Heather Perkins-McVey of the Ontario Court of Justice sentenced Saskatchewan trucker and peaceful Freedom Convoy protester Chris Barber to an 18-month conditional sentence and 100 hours of community service, to be served in his community.

The Crown had sought an eight-year prison term for Mr. Barber, despite his entirely peaceful participation in the 2022 Freedom Convoy protest in Ottawa.

In delivering her decision, Justice Perkins-McVey remarked that Mr. Barber “came with the noblest of intent and did not advocate for violence,” and emphasized that the Freedom Convoy was a “non-violent protest, no property damage, no intent to harm critical infrastructure.” She also noted that Mr. Barber moved his own truck and encouraged others to do likewise, promoting calm and cooperation with police.

Constitutional lawyer Diane Magas, who represented Mr. Barber, stated that “The Court recognized Mr. Barber’s peaceful conduct and cooperation with police throughout the Freedom Convoy.”

Under the conditions of his sentence, Mr. Barber must remain on his property for the first 12 months except for employment or travel related to legal, medical, or dental appointments, or religious services.

Justice Centre President John Carpay reflected that “Chris Barber and Tamara Lich should not have been convicted of criminal mischief in the first place,” noting their noble cause and peaceful conduct. He further observed that “Rarely are protests of that magnitude so peaceful,” and that after enduring the longest mischief trial in Canadian history, Mr. Barber faced a sentence that “still goes too far,” sending a chilling message to Canadians who exercise their Charter freedoms. Mr. Carpay added that the sentence could have been much worse had generous donors not helped fund a strong legal defence.

Ms. Magas continues to represent Mr. Barber in a separate case opposing the Crown’s attempt to seize his 2004 Kenworth truck, “Big Red,” which remains his family’s primary source of income. Canadians wishing to support Mr. Barber’s legal defence can make a tax-deductible donation at www.jccf.ca.

Crown appeals Chris Barber acquittal and sentence following Freedom Convoy ruling

The Crown filed a formal appeal seeking to overturn Chris Barber’s acquittal on intimidation charges and to increase the sentence he received following the peaceful 2022 Freedom Convoy protest in Ottawa. The appeal asks the Ontario Court of Appeal to replace Mr. Barber’s 18-month conditional sentence with a harsher penalty and to either enter a conviction on the intimidation charge or order a new trial.

Mr. Barber, who had already announced his intention to challenge the outcome of his trial, has now filed his own appeal. He argues that the trial judge misapplied the law on mischief and failed to properly weigh his cooperation with law enforcement throughout the protest.

Mr. Barber said, “I travelled to Ottawa in good faith, followed the directions I was given, and cooperated fully with police at every step,” said Mr. Barber. “I did nothing unlawful, and I am appealing to clear my name and defend the right of Canadians to speak and protest peacefully.”

Constitutional lawyer Diane Magas stated, “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.”

The Justice Centre for Constitutional Freedoms has funded lawyers to defend Mr. Barber since 2022 and continues to support his ongoing legal efforts, including his appeal and the separate proceeding in which the Crown is seeking to seize his truck, “Big Red.”

Hearing held on forfeiture of “Big Red”

On Wednesday, November 26, 2025, the Ontario Court of Justice held a hearing in which the Crown is seeking to permanently seize “Big Red,” the 2004 Kenworth long-haul truck relied upon by peaceful Freedom Convoy protestor Chris Barber and his family trucking business.

Constitutional lawyer Diane Magas, who represents Mr. Barber, is opposing the forfeiture and emphasized that “The impact of the forfeiture of ‘Big Red’, which is an essential part of the operation of Mr. Barber’s trucking business and is relied upon by Mr. Barber, his family as well as employees, is not what Parliament had in mind when enacting those forfeiture provisions, especially considering the context of a political protest where the police told Mr. Barber where to park the truck and when Mr. Barber moved the truck after being asked to move it.”

The hearing addressed the Crown’s application to classify the truck as “offence-related property,” and the Court reviewed evidence associated with ownership and corporate title. The Court also considered a related application filed by Mr. Barber’s family, who are seeking to assert their rights as third parties to prevent the loss of the vehicle.

More information will be updated here when available.