Freedom Convoy Organizer Lich Appealing Mischief Conviction

Tamara Lich is appealing her mischief conviction that was handed down for her role in the 2022 Freedom Convoy protest in Ottawa.

Lich and protest co-organizer Chris 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 public health restrictions.

Lich and Barber were both found guilty of mischief. Barber was also found guilty of counselling others to disobey a court order.

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

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.

Lich was sentenced to house arrest for the first 12 months of her sentence, with exceptions to be made for court appearances, medical emergencies, employment, religious services, and up to five hours per week to “attend to the necessities of life.”

For the remaining three and a half months, Lich will be under a curfew between 10 p.m. and 5 a.m. She will also have to perform 100 hours of community service. Lich is being given credit for the 19 days she spent in jail after her February 2022 arrest as well as for another 30 days she spent in custody after breaching her bail conditions.

Barber will serve 12 months under house arrest and six months under curfew. For the duration of his house arrest, he must remain on his property except to go to work, attend medical appointments, and help his parents clear snow at their home.

Barber’s curfew will be between 10 p.m. and 5 a.m. for the last six months of his sentence. He will also be required to serve 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 truck, “Big Red,” which he used during the protest in Ottawa.

Justice Heather Perkins-McVey said on Oct. 7 that such lengthy sentences would would not have been “fair, appropriate or consistent with the principles of sentencing.” The judge also said her decision on seizure of the truck will come sometime after late November, when the Crown and defence are set to provide submissions on the matter.

Lich said following the sentencing on Oct. 8 that she would not apologize for the role she played in the convoy, because it would have been “dishonest and disingenuous.”  

Lich added that while there was “no doubt” some Ottawa residents were afraid and felt threatened during the 2022 protest, she attributed this to politicians and city officials who were “labelling us as an angry mob coming to overthrow the government before we even left Alberta.”