The Crown seeks to replace Mr. Barber’s 18-month conditional sentence with a harsher penalty and asks the Court of Appeal to enter a conviction on the intimidation charge or order a new trial on that count.

Mr. Barber has also decided to appeal his conditional sentence, arguing that the trial judge misapplied the law on mischief, and failed to properly consider his cooperation with law enforcement.

Mr. Barber said, “I travelled to Ottawa in good faith, followed the directions I was given, and cooperated fully with police at every step. I did nothing unlawful, and I am appealing to clear my name and defend the right of Canadians to speak and protest peacefully.”

On October 7, 2025, Justice Heather Perkins-McVey sentenced him to serve an 18-month conditional sentence in his community. In her decision, the judge emphasized that Mr. Barber “came with the noblest of intent and did not advocate for violence,” and described the 2022 Freedom Convoy as a “non-violent protest, no property damage, no intent to harm critical infrastructure.” She further noted that Mr. Barber cooperated with police, moved his truck when asked, and encouraged calm.

Constitutional lawyer Diane Magas said, “Mr. Barber relied in good faith on police and court direction during the protest. The principles of fairness and justice require that citizens not be punished for following the advice of authorities. We look forward to presenting our arguments before the Court.”

The Justice Centre has funded lawyers to defend Mr. Barber and continues to support his legal efforts, including his appeal and the separate proceedings in which the Crown is seeking to seize his truck.

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