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Right to enjoy property doesn’t trump freedom of expression: ‘Freedom Convoy’ defence

In a contest between the Charter-protected freedom of expression and Ottawa residents’ right to the enjoyment of their property, there is no contest, the lawyer for “Freedom Convoy” organizer Tamara Lich’s argued Friday. 

Lawrence Greenspon’s final arguments in the criminal 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 demonstration.

Lich and fellow organizer Chris Barber are co-accused of mischief, intimidation and counselling others to break the law for their part in organizing the massive protest that blockaded streets in downtown Ottawa for weeks.

The Crown has argued Lich and Barber influenced the crowds to commit illegal acts as a way to pressure the government to lift COVID-19 restrictions and vaccine mandates.

The Crown is seeking to “criminalize the words and actions” of the leaders of a protest who consistently urged peaceful behaviour and co-operation with police, Greenspon said.

“The Crown asks that those leaders be held criminally responsible for the actions of unidentified others who were directed into the downtown core of Ottawa, and they were allowed to stay for a three-week period of time without so much as a single parking ticket being issued,” he said.

He said there’s no precedent for a situation where protesters were directed by police to park in a particular area and then prosecuted for following that direction.

The Crown has said the evidence in this case is overwhelming, but Greenspon shot back in his arguments that the only thing overwhelming is the resources the Crown’s office has dedicated to the case, which has dragged on for nearly a year. 

This report by The Canadian Press was first published Aug. 23, 2024. 

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