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

The lawyer for “Freedom Convoy” organizer Tamara Lich is arguing that a person’s right to freedom of expression is not trumped by another’s right to the enjoyment of property. 

Lawrence Greenspon’s final arguments in the criminal trial focus 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.

Greenspon says 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.

While the Crown says the evidence in this case is overwhelming, Greenspon shot back 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