Thank God there is one judge following law & common sense than to take someone’s livelihood away from them, rather than following ideological crap!

Freedom Convoy organizer Chris Barber will be able to keep his long-haul truck “Big Red” after a judge dismissed the Crown’s application to seize the vehicle used in the 2022 protest.

“The Crown’s application for the forfeiture of Big Red is denied, the court having found forfeiture of Big Red to be disproportionate,” Justice Heather Perkins-McVey said on Dec. 19.

Perkins-McVey said while the truck was used as offence-related property for the protest, forfeiture would have been disproportionate because the truck is used for Barber’s business and there is “no evidence” that Big Red will be used in future criminal offences.

“On the contrary, the evidence suggests that Big Red will continue to be used for its legitimate and intended commercial purposes as a work truck in the future, much the same way as it has been used since its purchase in 2004,” she said.

Barber and fellow organizer Tamara Lich were found guilty of mischief earlier this year, and Barber was additionally found guilty of counselling others to disobey a court order. Perkins-McVey did not find Lich and Barber guilty on charges of intimidation, counselling to commit intimidation, or obstructing police.
Barber’s defence lawyers argued during the trial that the Crown did not have jurisdiction to seize the vehicle because prosecutors didn’t file a related restraint order when Barber was arrested in February 2022. Defence lawyer Brendan Miller also noted the truck is no longer owned by Barber’s business, C.B. Trucking Ltd. Barber sold it to his parents’ business Springbank Farms Inc. to obtain the necessary collateral to buy his son a new truck.

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Miller argued on behalf of Springbank Farms Inc. that the Crown’s application was fundamentally flawed and should be summarily dismissed. The lawyer also sought for the Crown to pay costs if the judge ruled in the defence’s favour on the seizure of Barber’s truck.

The Crown argued that Barber’s truck is offence-related property because he used it to participate in the protest and it was used as a symbol for the movement. The Crown also said Barber’s parents financially supported Barber during the protest, which meant they were not innocent third-parties.

This is a developing story, updates will follow.