An application to end the mischief and obstruct police case argues Charter rights were trampled in a breach of privacy and abuse of process.
Barber’s private texts — all 4,000 pages of records — were filed in public court by the Crown and accessed by the media before even his lawyer received it in disclosure.Sign up to receive daily headline news from Ottawa Citizen, a division of Postmedia Network Inc.By clicking on the sign up button you consent to receive the above newsletter from Postmedia Network Inc. You may unsubscribe any time by clicking on the unsubscribe link at the bottom of our emails or any newsletter.
“I was floored to hear that the Crown released all that to the public totally unvetted. I heard about my private messages for the first time by reading an article on CTV News … I felt my privacy so betrayed by the government on things that had nothing to do with the convoy.”Article content The affidavit filed by police to obtain a search warrant for Barber’s devices contained “misleading evidence and untruth, as well as irrelevant and inflammatory information,” according to the stay application.Article content
At a 2022 bail hearing, the convoy protest leader told court his “organizing days are over” and he wanted only to go home to his acreage in Swift Current, Sask. If the case goes to trial and Barber is found guilty, Ottawa’s Crown Attorney Office is expected to seek a prison term of more than two years for “tormenting the city” in a criminal manner and for inciting protesters to break the law.
In the end, the judge concluded that Barber — who doesn’t have a criminal record — posed no substantial threat to the public and granted the convoy leader bail.
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