Tamara Lich was found guilty of mischief for her participation in the 2022 Freedom Convoy Protest.
OTTAWA: In a landmark ruling, Tamara Lich was acquitted of four out of six charges related to her involvement in the Freedom Convoy protest. A fifth charge, counselling to commit mischief, was stayed, leaving only a single conviction of mischief. Justice Perkins-McVey determined that the Crown failed to prove Ms. Lich obstructed police, intimidated others, or counselled obstruction or intimidation during the protest. However, the court found her guilty of mischief as both a principal offender and an aider and abettor, citing her encouragement of others to participate, her fundraising efforts, organizational role, and statements such as "we will hold the line," which the judge deemed a "rallying cry" to the truckers. Having already spent 49 days in pre-trial detention, Ms. Lich now awaits sentencing after what has been called the longest mischief trial in Canadian history.
The ruling ignites fierce debate over the boundaries of peaceful protest and the growing criminalization of political dissent in Canada. The verdict, delivered after 45 days of trial proceedings concluding on September 13, 2024, marks a significant moment in the legal treatment of protest-related cases, potentially deterring Canadians from exercising their rights to free expression and assembly out of fear of severe legal repercussions.
Her defence, led by top criminal lawyer Lawrence Greenspon and supported by Eric Granger, argued that Ms. Lich’s participation was safeguarded by Charter rights to free expression and peaceful assembly. They contended there was no evidence of criminal intent, emphasizing that police and city actions—such as directing protesters to park in specific areas—contributed to the disruptions. Despite a robust defence, the court rejected these arguments, finding her organizational role and public statements, including calls to “hold the line,” amounted to culpable conduct under the Criminal Code.
The Democracy Fund, which crowdfunded over half a million dollars to cover Ms. Lich’s legal expenses, described the trial as a critical test of Canadians’ right to peaceful assembly. “This ruling is a bittersweet moment—while Tamara Lich’s acquittal on several charges affirms the centrality of free expression, the mischief conviction could be interpreted as punishing some participants for the actions of others,” said Mark Joseph, Director of Litigation for The Democracy Fund. “We remain committed to challenging any erosion of Canadians’ rights to protest.”
As the legal community and public brace for sentencing, the decision raises urgent questions about the balance between public safety and individual freedoms.
About The Democracy Fund:
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. TDF 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.