Legal response filed to protect Chris Barber’s truck “Big Red” from government forfeiture

OTTAWA, ON: The Justice Centre for Constitutional Freedoms announces that lawyers for Saskatchewan trucker and businessman Chris Barber have filed a formal legal response opposing the Crown’s attempt to seize “Big Red,” the 2004 Kenworth long-haul truck he owns and relies on for his family’s trucking business.

The prosecution is seeking forfeiture of the truck, valued at more than $150,000, following Mr. Barber’s conviction for mischief and obstruction charges linked to the peaceful 2022 Freedom Convoy protest.

The Crown has applied to seize the truck as “offence-related property,” alleging it was used in connection to committing an offence.

But Mr. Barber’s legal team argues the Ottawa police themselves directed him where to park his truck on Wellington Street and later approved “slow rolls” of the vehicle as a form of protest. In fact, the truck was moved out of the downtown core at the request of police on February 8, 2022, and never returned.

“Big Red” is essential equipment for Mr. Barber’s trucking company, supporting not just Mr. Barber but also his family and employees.

As the filing explains, a forfeiture order would cause serious economic harm, jeopardizing the viability of the business itself and amounts to disproportionate punishment.

Constitutional lawyer Diane Magas said, “This truck was never a tool of crime. It is a working truck, directed by police where to park and moved when they asked. Seizing the very vehicle that Chris and his family rely on to earn a living would devastate a legitimate Canadian business.”

“The law was never meant to strip Canadians of their livelihoods in such circumstances,” she added.

Mr. Barber also said the seizure is misguided. “I’ve worked hard all my life as a trucker, and ‘Big Red’ is the heart of my business. Taking it away wouldn’t just be punishing me—it would take away my ability to provide for my family and employees.”

Take an exclusive video tour of Mr. Barber’s truck “Big Red” and see the memories and family history it carries.

The filing concludes that the Crown’s application should be dismissed.

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