‘Freedom Convoy’ duo faces trial in Ottawa. Here’s what the charges mean

globalnews.ca:

Freedom Convoy” protest are set to stand trial in Ottawa starting Tuesday.Tamara Lich and Chris Barber are both accused of mischief, obstructing police, counselling others to commit mischief, and intimidation.As the trial gets underway and is expected to last 16 days, Global News breaks down what these charges mean.Under the Criminal Code, mischief has a broad definition. It’s characterized as the willful destruction of property, making it dangerous or useless to others and/or obstructing, interrupting or interfering with the lawful enjoyment of property of others.“To the layperson, it can seem sort of trivial or minor.

You know, when we talk about mischief, it can sometimes conjure up a misbehaving toddler or something like that getting into mischief. But it’s a very serious criminal offense,” explains Michael Spratt, an Ottawa-based defence lawyer.Spratt says that it is not uncommon to see mischief charges in a large protest or demonstration that disrupts a community.

Now, what the court will have to determine is whether Lich and Barber interfered with the rights of other people when they exercised their Charter rights of freedom to protest and freedom of expression.“The real question is going to be whether the actions of the protesters were lawful and to what degree there was a disruption,” he says.Spratt says that neither Lich nor Barber necessarily had to be among the people actively honking horns, for instance, to have a mischief charge stick. As leadership figures in the convoy, there is a possibility they can be held responsible for the actions of others.This goes along with the counselling to commit mischief charge.“The Crown is going to need to prove that both Lich and Barber, either together or individually,