The lawyers defending two of the most prominent organizers of the 鈥淔reedom Convoy鈥� protests attempted to block eight local Ottawa witnesses from taking the stand Monday in a debate that underscores one of the central legal disputes in the trial.

Tamara Lich and Chris Barber are on trial for criminal charges related to their role in the demonstration, which blockaded Ottawa city streets for weeks last year as protesters railed against COVID-19 public health measures.

鈥淭his is not the trial of the Freedom Convoy,鈥� Lich鈥檚 lawyer, Lawrence Greenspon, told the court Monday, in a sentiment he鈥檚 raised so often in the first week of trial that it has become all but a catchphrase for the defence team.

The Crown has an entirely different view of the case.

鈥淭his is ultimately a trial about what happened in this city鈥� during the protest, and what role Lich and Barber played in that, Crown attorney Siobhain Wetscher said.

The Crown plans to call five Ottawa residents as witnesses in the case to describe what they saw and experienced during the convoy. That includes Zexi Li, who filed a class-action lawsuit against the organizers on behalf of people who live and work in downtown Ottawa.

If they鈥檙e allowed to testify, the witnesses are expected to speak about the blocked streets, the constant sound of horns honking and truck engines running, the oppressive smell of exhaust, witnessing public urination and being unable leave their homes, the Crown said.

The Crown also intends to call the owner of a women鈥檚 clothing boutique and employees from the National Arts Centre, and the public transit operator.

The Crown had planned to call an employee from the Fairmont Chateau Laurier hotel, but has since decided against it.

Lich and Barber have already signed admissions that the 鈥渁ctions of certain individuals鈥� who participated in the protest interfered with public transit and the lawful use and enjoyment of property and businesses.

鈥淭here鈥檚 is absolutely no need to call these nine witnesses,鈥� Greenspon said, arguing their testimony would be irrelevant in a strictly legal sense.

The witnesses didn鈥檛 have any direct interactions with Lich or Barber, and the organizers have not admitted to playing any role in the disruptions.

The admission did not go far enough to justify blocking the testimony of people directly impacted by the protest, Wetscher argued.

鈥淚 don鈥檛 think that Mr. Greenspon is in a position to admit that the protest is not peaceful,鈥� Wetscher said. The Crown has already alleged that the protest was 鈥渁nything but鈥� peaceful.

The Crown wants to show exactly how disruption, intimidation and obstructions manifested after thousands of big-rigs rolled into Ottawa in early 2022, blocking roads in what the city鈥檚 mayor at the time called a 鈥渟iege鈥� and an 鈥渋llegal occupation.鈥�

Justice Heather Perkins-McVey said the question about whether the protest was peaceful doesn鈥檛 affect the charges Barber and Lich are facing, but could be an aggravating factor.

The two organizers face charges of mischief and counselling others to commit mischief, intimidation and obstructing police.

Barber is also charged with encouraging others to break a court order that banned horn-honking during the protest, which was part of an injunction issued in response to Li鈥檚 lawsuit.

Wetscher argued that the Crown is entitled to call the evidence it sees fit to connect Lich and Barber鈥檚 words and actions to the residents and workers from downtown Ottawa.

鈥淭he Crown maintains the best evidence will come from the civilians,鈥� she said.

The witnesses won鈥檛 be allowed to speak about the impact the protest had on them personally, and Perkins-McVey said she would strongly enforce that as a gatekeeper if she allows them to give evidence.

鈥淚t鈥檒l be a very tight gate. There will be lots of locks on that gate,鈥� she said.

Perkins-McVey said the court heard from the first witness, Ottawa police Insp. Russell Lucas, that the protest was fragmented and that different people protested for different reasons.

That will make it difficult for the Crown to pin the observations of Ottawa locals to the actions of Lich and Barber.

鈥淚 don鈥檛 know if this evidence is going to have the weight that you hope,鈥� she told Wetscher.

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