(Ottawa) In a conflict between freedom of expression protected by the Charter and the right of Ottawa residents to enjoy their properties, there is no debate, argued the lawyer for Tamara Lich, organizer of the “Freedom Convoy” on Friday.
Lawrence Greenspon’s closing arguments in the trial focused largely on the fundamental freedoms that protect protest in Canada, and the failure of Ottawa police to enforce the law during the 2022 protest.
Mme Lich and the other organizer, Chris Barber, are on trial for their roles in organizing the massive protest that blocked downtown Ottawa streets for weeks in 2022.
Both face charges of mischief, intimidation and counseling others to break the law.
The Crown argued that Mme Lich and Mr. Barber incited the crowd to commit illegal acts in order to pressure the government to lift COVID-19 pandemic restrictions and mandatory vaccination.
“Any court would be hard-pressed to find another case where a superior court has expressed reasons why freedom of expression should not trump the enjoyment of property,” Mr.e Greenspon.
The Crown is seeking to “criminalize the words and actions” of protest leaders who have consistently called for peaceful behavior and cooperation with police, he argued.
“The Crown is asking that these leaders be held criminally responsible for the actions of other unidentified individuals who were directed to downtown Ottawa and allowed to remain there for three weeks without even receiving a single parking ticket,” he said.
Greenspon said there is no precedent for protesters being ordered by police to park in a particular area and then being prosecuted for following that order.
He also took issue with the Crown’s emphasis on the phrase “hold the line,” which Lich used frequently in the final days of the protests as police prepared a massive operation to forcefully dislodge protesters.
During this operation, the demonstrators clashed with the police and refused to move, often taking up the rallying cry of Mme Lich, “hold the line.”
The prosecution interpreted this sentence as a call to arms to the protesters and as an encouragement to obstruct the police. Mr Greenspon argued that since Mrme Lich was arrested on February 17, 2022, the day before the police operation began, “this line did not exist” at that time.
Instead, he said the phrase could be interpreted as encouraging protesters “not to give up.”
While the Crown says the evidence in this case is overwhelming, defence counsel believes the only thing that is overwhelming is the resources the Crown has devoted to the case, which has dragged on for nearly a year.
The trial appeared set to end Friday afternoon when the Crown offered to make its final response in writing, but Justice Heather Perkins-McVey instead opted to resume next month to hear the final words in person.
The trial has attracted considerable public interest since it began nearly a year ago, and the courtroom has often been packed with spectators and supporters.
The judge said it was in “the spirit of this model of open and transparent justice” that she asked the parties to return in September.me Lich and Mr. Barber will attend the final day via videoconference from their homes in Western Canada.
Judge Perkins-McVey could take up to six months to render a verdict in the case, but she said she hopes it won’t take long before she’s ready to make her decision.