Prosecutors seek at least 7-year prison terms for leaders of Canada's Freedom Truckers

The Crown is seeking a seven-year prison sentence for Freedom Convoy organizer Tamara Lich and an eight-year sentence for her co-accused Chris Barber, citing the severity of their roles in the 2022 convoy protest in downtown Ottawa.

In a tweet posted Monday, Lich confirmed the Crown’s recommendation: "Late yesterday afternoon I received a copy of the Crown’s materials for our upcoming sentencing hearing and can confirm they are seeking a seven year prison sentence for me and an additional year for Chris."

The sentencing materials, now filed with the court, describe the charges stemming from the pair’s role during the Freedom Convoy in what the judge called "the worst case of mischief." The Crown argues that a significant carceral sentence is appropriate given the scale of the protest’s disruption, the pair’s influence, and the moral culpability involved.

The submission from prosecutors directly addresses the potential concern that harsh sentences could chill political expression, stating that “the Crown respectfully disagrees that a higher sentence would create a ‘chill or fear of participation in political expression.’”

They maintain that while Canadians have a right to protest, that right is not absolute. In this case, the court found that Lich and Barber’s exhortations to “hold the line” encouraged unlawful behavior.

The sentencing argument follows a high-profile verdict in April, in which Ontario Judge Heather Perkins-McVey found both Lich and Barber guilty of mischief. Charges of counseling mischief were stayed, and the pair were acquitted on charges of intimidation and obstructing police.

Barber was also found guilty of disobeying a court order.

During the reading of the verdict, Judge Perkins-McVey cited the book The Right to Protest: An Uneasy Balance and questioned when protest crosses the line into criminality. She noted that their repeated calls for supporters to “stay strong” and “not give in to fear” were made to incite continued occupation of city streets, despite court orders and public frustration.

“These statements I find were made to incite or rally the followers of the Freedom Convoy to stay or come to Ottawa and continue the protest,” the judge said at the time.

If the Crown’s recommendations are accepted, it would represent one of, if not the harshest punishments handed down in Canadian history for protest-related mischief.

Conservative leader Pierre Poilievre commented on the matter, saying on Twitter: "
Let’s get this straight: while rampant violent offenders are released hours after their most recent charges & antisemitic rioters vandalize businesses, terrorize daycares & block traffic without consequences, the Crown wants 7 years prison time for the charge of mischief for Lich & Barber."