Tamara Lich appeals her mischief conviction arising from the Freedom Convoy. The Democracy Fund will fund the fight for Charter Rights.
OTTAWA– Lawyers representing Tamara Lich, a prominent figure in the 2022 Freedom Convoy, have filed a Notice of Appeal with the Ontario Court of Appeal challenging her conviction for mischief. The appeal, filed by Lawrence Greenspon and his legal team at Greenspon Granger Hill, and funded by The Democracy Fund, argues that the trial judgment fundamentally misunderstands the evidence and infringes on core Charter protections.
The principal grounds of appeal are:
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No Evidence Linking Ms. Lich to Others’ Misdeeds: Despite substantial evidence that Ms. Lich consistently encouraged protesters to remain peaceful, lawful, and safe, the Crown failed to establish any direct connection between her actions and the alleged misconduct of others. The conviction rests on an impermissible theory of collective guilt rather than individual responsibility.
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Violation of Charter-Protected Freedom of Expression: The trial judge erred by failing to recognize that communications encouraging peaceful protest—even if deemed inconvenient or disruptive—are shielded by section 2(b) of the Canadian Charter of Rights and Freedoms. Criminalizing such expression sets a dangerous precedent for all Canadians’ right to dissent.
“TDF is proud to stand with Tamara Lich in this critical appeal,” said Mark Joseph, Litigation Director for TDF. “This case is about more than one individual—it’s about whether Canadians can peacefully challenge government overreach without fear of criminal prosecution. The Freedom Convoy was a historic exercise of democratic rights, and this conviction threatens to chill free expression for generations to come.”
The appeal seeks to overturn the conviction and reaffirm that peaceful protest, however unpopular, is not a crime.
You can read the full Notice of Appeal here.
Founded in 2021, The Democracy Fund (TDF) is a Canadian charity dedicated to constitutional rights, advancing education, and relieving poverty. TDF promotes constitutional rights through litigation and public education and supports an access to justice initiative for Canadians whose civil liberties have been infringed by government lockdowns and other public policy responses to the pandemic.