If Chris Barber and Tamara Lich had organized a series of massive rallies in Ottawa to protest the federal government’s failure to control the earth’s climate, would they have been criminally charged with mischief and held responsible for clogging up Ottawa’s downtown core?
If Tamara Lich had urged thousands of Canadians to come to Ottawa to support indigenous rights, and if this very large protest had inconvenienced some Ottawa residents for weeks on end, would they have been portrayed in the media (even before they arrived in Ottawa) as dangerous and potentially violent members of a “fringe minority” with “unacceptable views”?
If the rude anti-Trudeau flags displayed by some truckers had instead been rainbow flags, or Hamas flags, would the federal government have declared a national emergency, and used violence against peaceful protesters? And would Crown prosecutors now be asking for an eight-year jail sentence for Barber and seven for Lich?
Sadly, these are questions that must be asked in light of what appears to be a glaring double standard that sees crimes in Canada being prosecuted—or ignored—depending on the politics of the protesters.
In July 2021, “protesters” tore down and damaged a large statue of Queen Victoria on the Legislature grounds, in broad daylight, with police watching and condoning obviously criminal behaviour. The criminals tore down the statue of Queen Victoria, the reigning monarch when residential schools were established in Canada, in the context of a political protest against residential schools. In February 2022, Manitoba Justice announced that, while property destruction was a crime and not a valid exercise of freedom of expression, none of the criminals would be prosecuted! Had anti-lockdown protesters vandalized property at the Legislature (or anywhere else), there can be little doubt that charges would have been laid, and criminals prosecuted.
In March 2020, protesters blockaded railroads across Canada in the name of stopping oil and gas development, claiming to defend the environment and indigenous rights. Prime Minister Trudeau offered to meet with them, and police did little to address the protesters’ clearly criminal behaviour. Less than two years later, thousands of Canadians, including many truckers, assembled peacefully in Ottawa to protest vaccine mandates. The prime minister refused to meet with them, declared a “national emergency,” and then the protesters were met by the force of armed police and had their bank accounts frozen.
On May 11, 2020, lone protester Cody Haller was arrested, dragged out of the Alberta legislature grounds, and given a $1,200 dollar ticket. The “rule of law” was apparently very important when people protested against the violation of their Charter freedoms: complete and total obedience to health orders was expected. Even a single protester—outdoors by himself—was deemed to be a threat to public health. It was the same in other provinces, including in Ontario and Quebec.
A few weeks later, neither police nor Crown prosecutors objected to anti-racism protests across Canada that were clearly in violation of public health orders. In Regina, the chief of police spoke at one of these clearly illegal rallies, all while his police force continued ticketing citizens who failed to comply with health orders.
On July 1, 2021, most municipalities shuttered their Canada Day celebrations to help “stop the spread” or “bend the curve.” This did not stop actiist groups from organizing “Every Child Matters” protests and vigils. As just one example, in Belleville, Ont., there was a large gathering on July 1 at the same location that Canada Day celebrations would have normally taken place. No tickets were issued.
The selective prosecution (or non-prosecution) of offences committed by protesters, based on the protesters’ political views rather than on their behaviour, is a serious affront to the rule of law.
Crown prosecutors in Ottawa are now seeking jail sentences for Barber and Lich that are too rarely imposed on people convicted of serious crimes. The Crown also seeks to confiscate Barber’s truck, affectionately known as Big Red, even though Barber had followed instructions from Ottawa police about where to park Big Red, and later moved Big Red after police requested him to do so.
The Crown does not dispute that the Freedom Convoy, in which thousands of people participated over the course of three weeks, was devoid of the violence, vandalism, arson, threats, and other criminal conduct that frequently characterize other protests. There was no violence in Ottawa until after the federal government unjustifiably declared a “national emergency,” contrary to the express requirements of the Emergencies Act.
When convicting Lich and Barber of criminal mischief, the judge noted that “Ms. Lich and Mr. Barber consistently said this was to be a peaceful protest. There are no messages, Tik Tok or otherwise, where they used violence or threats of same. They did not incite or aid supporters in engaging in intimidating, aggressive or threatening behaviors by their mischief or blocking roads. They were not trying to intimidate the downtown residents.” The judge further explained that “each of the accused encouraged their followers to co-operate with police if arrested, to respect police, be peaceful. There are no words spoken where they suggested to make it difficult for police to do their lawful duties. The actions of the Accused on their respective arrests were consistent with what they told their followers; their actions led by example.”
Tamara Lich has already spent 49 days in jail. Both Lich and Barber have been subjected to more than three years of criminal proceedings, while Crown prosecutors in Ontario claim that they lack adequate resources to prosecute murders and other serious crimes.
The double standard in law enforcement in Canada is glaring. If the judge imposes any jail time on Lich, Barber, or both, it will bring the administration of justice into grave disrepute in the minds of millions of Canadians, and further tear our social fabric.
