De facto leader of the “Convoy for Freedom” Tamara Lich has been arrested in Ottawa. Insiders are tight lipped at this time on charges, only stating that they are criminal in nature.
— FreedomConvoy2022 (@rFreedomConvoy) February 18, 2022
Speculation on charges for Organizers:
Counsel to Commit is a very serious offense in Canada. Insiders are speculating the organizers are facing the following:
For Offences Actually Committed
If the offence counseled is committed, the inciter could be charged as a party to the offence under section 22:
22 (1) Where a person counsels another person to be a party to an offence and that other person is afterwards a party to that offence, the person who counseled is a party to that offence, notwithstanding that the offence was committed in a way different from that which was counseled.
(2) Every one who counsels another person to be a party to an offence is a party to every offence that the other commits in consequence of the counseling that the person who counseled knew or ought to have known was likely to be committed in consequence of the counseling.
But, no REAL Crime was actually committed? Think Again
For Offences Never Committed
Counseling to commit crimes is set out in section 464 of the Criminal Code:
Except where other expressly provided by law, the following provisions apply in respect of persons who counsel other persons to commit offences, namely,
(a) every one who counsels another person to commit and indictable offence is, if the offence is not committed, guilty of an indictable offence and liable to the same punishment to which a person who attempts to commit that offence is liable; and
(b) every one who counsels another person to commit an offence punishable on summary conviction is, if the offence is not committed, guilty of an offence punishable on summary conviction.
This crime is filed under the category of “attempts, conspiracies and accessories” in the Criminal Code and deals only with an offence “that is not committed.” The British Columbia Supreme Court said in 2005:
… the offence is complete the moment a person persuades another person to commit an indictable offence … those who encourage the commission of crimes are criminally responsible for their conduct by way of secondary liability. (R. v. Markovitch and Dashney, 2005 BCSC 1513)
Story is developing. Check back for updates