Tamara Lich, Canada’s political prisoner, regains her freedom in part

After spending five nights in jail, Ms. Lich was denied bail on February 22 by Justice Julie Bourgeois, a Liberal candidate in the 2011 federal election.

John Carpay

Calgary, AB

March 9, 2022 8:25 AM

On March 7, 2022, Ontario Superior Court Justice John M. Johnston released Tamara Lich from jail, where she had spent the previous 18 days. Tamara Lich is one of the fundraising organizers for the Freedom Convoy of truckers, who protested peacefully in Ottawa against the ongoing violations of the Charter rights and freedoms of Canadians.

Ms. Lich is a mother and grandmother from Medicine Hat, Alberta, working in oil-and-gas administration. She was arrested in Ottawa on February 17, charged with violating Criminal Code section 464 for having counselled mischief: the obstruction, interruption and interference with the use and enjoyment of property. Ms. Lich’s arrest on February 17 was not valid because section 464 only applies to situations where someone counsels another person to commit an offence and the offence is not committed. If the counselled offence is actually committed, section 464 does not apply, and the “counselor” can instead be charged with aiding and abetting under section 21 of the Criminal Code. But the alleged crimes of the truckers, if it was indeed a crime to cause some inconvenience to some Ottawa residents, had taken place. Therefore, the offence (if any) had been committed, and therefore section 464 could not possibly apply to Ms. Lich.

It appears that the police recognized their mistake and the illegality of the arrest. The following day, when Ms. Lich was already in jail, police charged her with wilfully obstructing, interrupting, or interfering with the lawful use, enjoyment or operation of property contrary to section 430(1)(c) of the Criminal Code. Ms. Lich did not have a truck with her in Ottawa, so it will be hard for the Crown to prove that she obstructed, interrupted or interfered.

After spending five nights in jail, Ms. Lich was denied bail on February 22 by Justice Julie Bourgeois, a Liberal candidate in the 2011 federal election. Justice Bourgeois’ decision to keep Tamara Lich in prison was highly unusual, considering that Ms. Lich has no criminal record and was not charged with a violent offence. People accused of drug trafficking, possessing illegal firearms and violent offences are routinely granted freedom prior to trial.

Justice Bourgeois claimed that Ms. Lich was facing a lengthy prison sentence and used this claim as part of the reason for keeping Ms. Lich in jail. The judge’s claim was not grounded in reality, considering the lenient sentences imposed on those who engaged in violent protests at the G20 summit in Toronto in 2010. For example, Robin Henry was not sentenced to any jail time for engaging in a pattern of brazen and wilfully destructive rampage, damaging businesses and risking injury to bystanders. Richard Morano was one of the individuals identified as causing extensive property damage to several businesses, vandalizing a police vehicle, and injuring a policeman inside that vehicle. Yet the pre-meditated wilful destruction of public and private property netted him only seven months in jail.

Considering the lenient sentences imposed on protesters in Toronto who were actually violent, how much jail time can the truckers realistically fear for what they did in Ottawa in February: waving Canadian and Quebec flags, feeding the homeless, picking up garbage, singing the national anthem, dancing in the streets and setting up bouncy castles for children? The notion that Tamara Lich ever faced a lengthy prison sentence is absurd, yet this formed part of the reason for Justice Bourgeois to keep Ms. Lich in jail for more than two weeks.

In a free and democratic society, opponents of a government can criticize laws and policies, as well as politicians, without fearing arrest, imprisonment and loss of access to one’s bank account. Under the rule of law, as long as the dissent is peaceful, the dissenters have nothing to fear from the authorities.

In contrast, the jailing of opposition politicians (and other opponents of the regime) is a tool routinely used by tyrants to punish dissent, around the world and across the ages. Hence organizations like Amnesty International were founded to oppose the injustice of jailing people for having the “wrong” political views. Whether the regime could be described as communist, fascist, theocratic or a corrupt banana republic was not relevant.

In Winnipeg on July 1, 2021, protesters proudly and publicly vandalized and toppled a statue of Queen Victoria while police stood by and watched. The vandals were not charged or arrested for their obviously criminal behaviour, namely damaging or destroying property in violation of section 430, the same Criminal Code section that Tamara Lich and other truckers are now charged with. 

What accounts for this different treatment, other than political bias on the part of authorities who repudiate the rule of law? The same double standard was on display in 2020 when anti-racism protesters violated public health edicts that prohibited large gatherings: these protests were approved by politicians and by health officials, with Prime Minister Trudeau actively participating in one of them.

The Emergencies Act was not even considered, let alone used, when protesters shut down railway lines in BC, Ontario and Quebec in February and March of 2020. A Globe and Mail article titled “Trudeau will not direct police to break up pipeline protests, sticks to negotiated strategy” noted that the Canadian government does not tell the police what to do operationally, and that police services are under provincial or municipal control. Except when the protesters are in Ottawa, and their cause is the restoration of Charter rights and freedoms that were taken away from us in March of 2020: then we have a national emergency.

As one of the fundraisers for the Freedom Convoy, Tamara Lich was arrested on dubious charges and jailed for 18 days. Nobody can be faulted for viewing her as a political prisoner, jailed for having the “wrong” political views and not because of the fragile charges against her. The Supreme Court ruled in R. v. Antic that bail should be denied only for those who pose a substantial likelihood of committing an offence that endangers public safety. 

But when dealing with a vocal opponent of the regime, the Banana Republic of Canada cares little about what the Supreme Court might say about the presumption of innocence, and how it applies to those who have not been convicted of any offence.

Ms. Lich is out of jail and on her way back to Alberta, but she is only partly free. Her bail conditions include not protesting, not using social media, and not having anyone post on her behalf. These conditions obviously violate her Charter freedoms of expression, association and peaceful assembly. 

Ms. Lich has no criminal record. She has consistently and repeatedly urged protesters to be peaceful and respectful. She poses no risk to public safety. There is no rational basis to justify the imposition of these severe restrictions on her right, as a Canadian citizen, to exercise her Charter freedoms.

Lawyer John Carpay is president of the Justice Centre for Constitutional Freedoms (jccf.ca) which is providing legal assistance and representation to Tamara Lich and other Freedom Convoy protesters.

Source: Post Millennium  

23 thoughts on “Tamara Lich, Canada’s political prisoner, regains her freedom in part

  1. Hello Premier Peckford,

    Love your posts. It’s sad, and rather dangerous, that most of the population gets its “news” from CTV & CBC — both arms of the government. Thank you for not giving up the fight for truth.

    Christine M. Robinson North Saanich

    Liked by 2 people

  2. I am speechless when I look at that situation. And I cannot express the words to what I call an injustified legal action to a Canadian who has done nothing wrong but participate in a movement of truckers and workers that voiced their opinions. I did participate one day with my husband and showed up on Parliament Hill on a Saturday morning to show support to the movement as many thousands did in Ottawa. Thank you Mr. Peckford for writing this article.


  3. This treatment of Tamara Lich will go unresolved, until, I hope, the present government is voted out of office. I understand that Mr. Trudeau can’t be expected to make the correct decision in how to address matters such as protests. But the subsequent actions by these judges is absolutely shocking. They are supposed to be the arbiters of truth and justice.

    Liked by 1 person

    • Then there is the problem of accountability. On Parliament Hill, we have 3 or 4 police force representing various jurisdictions i.e. the Ottawa Police, the Royal Canadian Mounted Police RCMP, the Ontario Provincial Police OPP, then we had police force that came as reinforcement from other cities in Ontario, then when you were on the other side of the bridges crossing from Ontario to Québec we had the Sureté du Québec and the Gatineau Police patrolling as thousands of protesters crossed the bridges. And our Prime Minister was nowhere to be seen in the city and on Parliament Hill for most of the time the protests lasted as he was either at Harrington Lake on the Québec side or the Mackenzie King Estate with his family under the protection of the RCMP. This is an unprecedented event and when a Prime Minister is not present on the scene of Parliament or our Parliament is not functioning because of a crisis like we had, then whar do we have? Chaos and anarchy and now let’s not try to put the blame on our poor protesters and citizens that travelled from various parts of the country to join their voices.

      Liked by 1 person

    • The liberals have failed Canadians in all respects of our rights to freedoms set forth in our Charter of Rights and Freedoms . Trudeau fancies himself as a trend setter . Trudeau and his liberal co-conspirators must be removed from power . They have become a serious threat to our values and freedoms with their callus disregard for the rights of our citizens . Enough is enough ! Away with them ! We own Canada ; they do not !


  4. It is hard to comprehend that in a few short years with Justin Trudeau at the helm, our once democratic country has morphed into a near totalitarian society. By not utilizing the rights granted to us by our Charter of Rights & Freedoms, we have allowed this to happen to Canada. I heard a Chinese immigrant to Canada mention recently that once you lose your freedoms, you will never regain them. We must not allow that to happen.

    What our politicians and police forces have done to us over the past period of time is unforgiveable and must not be allowed to be repeated. Canadians must learn everything possible about their potential political representatives and make informed choices when exercising their right to vote. By not voting, we are allowing a takeover that we will soon regret.


  5. I must say that I will not blame the police force in handling this protest. I have seen them in action caught between a rock and a hard place under the leadership of our politicians. They were there to protect us and they did an amazing job: with tact, empathy and sound judgment.


  6. This is the treatment we receive here in CHINADA now for speaking up for our rights and standing together against the Liberal propagandists. Revolution is on the horizon. If you can not see it, best to remove the rose colored glasses. The elitists eugenicists are power grabbing to prevent their demise. The bubble is bursting and they are in panic mode


  7. I certainly hope Mr Carpay has as much success in persuading a jury to see the incongruent side of the charges laid on Ms Lich as he had with me. The fact that Ottawa citizens hold a view that they can and may inflict significant pain on the citizens of Canada with impunity is the reason they took their anger out on the truckers rather than their resident desensitized, woke prime minister. And no, there never was justification for sending in assault teams that carried no identification to quell a noisy block party


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s