Closing arguments in the trial of Freedom Convoy key figures Tamara Rich and Chris Barber begin this morning, marking the beginning of the end of a slow-moving courtroom drama that began two and a half years ago.
For the accused, the journey back to Ottawa has been long and uncertain.
“This city definitely doesn’t want me here and they’re trying to get rid of me permanently. They can’t seem to let me go,” Rich, 50, told CBC News from his home in Medicine Hat, Alberta, earlier this year. “They won’t let me leave.”
Ricci and Barber are jointly charged in connection to their roles in the 2022 protests that jammed Ottawa’s downtown core and prompted the federal government to invoke unprecedented emergency laws.
Despite efforts by all parties to keep the focus on the trial, the sidewalk outside Ottawa’s courthouse has become a site of protest by both supporters and opponents of mandatory vaccinations.
Barbour, 48, who has been commuting to the capital on and off since 2023 from his home in Swift Current, Saskatchewan, said he is perplexed by the slowness of the “wheels of justice.”
“I’ve never had any involvement with the law before, I’ve never been in the back of a police car, I’ve never been detained, I’ve never been handcuffed until 2022,” he told CBC.
He and Rich are charged with malicious conduct, obstructing police, encouraging others to commit malicious conduct and intimidation.
If convicted, the two could face up to 10 years in prison.
Their defense team, backed by well-funded liberal and right-wing groups, has said it plans to appeal the convictions, and prosecutors could do so if Rich and Barber are found not guilty.
Barber and Rich say they plan to return to Ottawa many times in the coming months and years.
Defendants conspired during protests: Prosecutor
One thing that makes this trial different from other misdemeanor trials is that prosecutors sought to use the same evidence against both Barber and Rich.
Prosecutors are asking the court for permission to use evidence against Barber in their case against Rich through what’s known as a Carter application.
The two co-defendants became close acquaintances and shared legal and fundraising resources, but they have always portrayed different personas in public: During the 2022 protests, Ms. Barber took a more provocative and aggressive tone in her social media comments than Ms. Rich.
Prosecutors are relying on the video to prove that Rich and Barber were leaders and exerted control over and influence over the protests.
On separate occasions, the pair urged supporters to come to the “red zone” around the Capitol, despite authorities telling people not to come.
Prosecutors presented to the court a recording of a Feb. 14 press conference in which Rich promised that the protests would be peaceful, even as the federal government was preparing to use emergency laws to close roads.
“Whatever we do, we will defend our position,” Rich said in the video.
However, the court further reviewed Barber’s social media examples.
He was arrested with the cell phone in his possession, and text messages left on it were used as evidence against him. Police never recovered Rich’s cell phone; she had left it behind prior to her arrest on the advice of her lawyer.
Police were able to present to prosecutors text messages Barbour sent to supporters saying the protest was “to cause sadness” and that they “disrupted traffic” after the motorcade arrived in the city.
Some observers of the trial felt they had a stronger case for convicting Barber, and they said the evidence against her could also apply to Rich, giving prosecutors a better chance of success — if they can convince the court to grant Carter’s motion.
High Flying Defense
It’s taken nearly a year for the trial to get to this point, but defense lawyers for Rich and Barber did not present any evidence after the prosecution closed their case.
However, they frequently raised objections and tried to poke holes in the prosecution’s case at every turn.
With support from the Trump Endowment for Democracy (TDF) and the Justice Center for Constitutional Freedoms (JFFC), the two defendants were able to cover their legal costs, approaching $750,000.
Closing is the last chance to amplify the debate
Closing arguments this week will be an opportunity for both sides to refocus the court’s attention after a lengthy pause and legal wrangling.
A few months ago, the prosecution and defense Jurythoroughly discussing legal theory and discussing what can and cannot be admitted as evidence.
The result was a clunky story that was sometimes hard for audiences to follow, like watching a movie with commercials every few minutes.
The trial has lasted so long that some in the courts have called it the “trial of the century.”
Several convoy-related trials have already been held and concluded. Those who have been convicted do not generally receive prison time. Instead, courts have handed down probation in some cases.
If convicted, prosecutors could cite victim impact statements to seek harsher penalties.
Whatever happens, this won’t be Rich and Barber’s last trip to Ottawa. Not by a long shot.
