OTTAWA, ON: The Justice Centre for Constitutional Freedoms announces that Chris Barber has asked the Ontario Court of Justice for a stay of proceedings against him. He argues that the legal advice given to him by police officers, lawyers, and a Superior Court judge during the Freedom Convoy was erroneous and that, as a result, the Crown is not entitled to convict him.
On April 3, 2025, Justice Heather Perkins-McVey of the Ontario Court of Justice found Mr. Barber guilty of mischief and of counselling others to breach a court order. That decision followed upon a lengthy 45-day trial stretching from September 2023 to September 2024.
Diane Magas, Chris Barber’s lawyer, filed a Stay of Proceedings Application with the Court on April 16, 2025. In that Application, Mr. Barber and his legal team argue that he did, in fact, seek legal advice regarding his actions during the Freedom Convoy protest.
For example, he followed Ottawa Police Services directions on where to park trucks in downtown Ottawa. When an officer asked him to move his truck, “Big Red,” from downtown Ottawa, he moved it. On February 7 and 16, 2022, his lawyer at the time advised him that Justice Maclean of the Superior Court had confirmed that the protest could continue so long as it continued to be peaceful and safe.
In essence, Chris Barber and his legal team are now arguing that he followed all legal advice that was given to him in 2022, but that some of the legal advice he was given turned out to be erroneous.
His Application argues for a stay of proceedings against him on the grounds that “he sought advice from lawyers, police officers, and a Superior Court Judge on the legality of the protest he was involved in.”
This Application was filed one day after Chris Barber was informed that the Crown was pursuing a two-year prison sentence against him. In an April 15 Facebook post, Mr. Barber wrote, “My family got bad news today. The Crown prosecutor wants to lock Tamara Lich and me in prison for two years-for standing up for freedom. They also want to [seize] my truck, Big Red, and crush her like she’s just scrap metal or sell it at auction.”
If the Application is successful, Mr. Barber would not see prison time, nor would his truck be seized.
“Throughout the peaceful Freedom Convoy, Chris Barber did what any law-abiding Canadian would do: seeking out and acting upon the best legal advice available to him,” stated John Carpay, President of the Justice Centre. “Chris Barber consistently followed the legal advice that he received from police officers, lawyers, and a Superior Court judge.”
“To hold a well-meaning man behind bars for two years and to confiscate his property, as is now demanded by the Crown, would bring the administration of justice into disrepute,” Mr. Carpay continued. “Crown prosecutors are painting a portrait of a dangerous criminal, even while Chris Barber sought out and followed legal advice when participating in the Freedom Convoy in Ottawa in 2022. Chris worked within the law when peacefully exercising his Charter freedoms of expression, assembly and association.”
