Chris Barber, a trucker from Swift Current, Saskatchewan, is contesting the Crown's attempt to seize his 2004 Kenworth long-haul truck, known as Big Red. This truck was prominently used during the Freedom Convoy protest in downtown Ottawa, which lasted three weeks starting in late January 2022. The protest aimed to oppose vaccine mandates and other pandemic-related measures.

As Barber awaits sentencing for his involvement in the protest, he is also fighting a forfeiture application that seeks to take his truck, valued at over $150,000. Barber's legal team argues that he complied with police instructions regarding the truck's parking and movement. According to court documents, Barber asserts that Big Red was not used in any criminal activity, specifically the charge of mischief.

Diane Magas, Barber's lawyer, contends that if the court finds the truck was used for mischief, seizing it would be excessively punitive. "It would amount to, in my opinion, cruel and unusual punishment," Magas stated, highlighting that replacing the truck would cost $300,000 or more. She emphasized that losing Big Red would impose severe financial strain on Barber and his family, as he relies on it for his livelihood.

Magas noted that Barber's son and a few employees also drive the truck, making it a vital source of income for the family. "That truck’s been part of his family for over 20 years. His children grew up in that truck," she said. The truck holds sentimental value, having been named Big Red by Barber's children and serving as a backdrop for family memories.

In a video shared by a legal support group, Barber described Big Red as his home for nearly 22 years. He pointed out the well-worn seats and steering wheel, and mentioned that the collar of his late dog, Buddy, hangs from the truck's ceiling.

Magas presented evidence in court that Big Red is owned by C.B. Trucking Limited, a company co-owned by Barber and his son. Although the company has other trucks, the only one suitable for long hauls is currently out of commission due to an accident. Additionally, Barber's parents lent him $50,000 in 2022 to purchase another truck, using Big Red as collateral.

The final arguments in the forfeiture hearing are set for November 26, while Barber's sentencing is scheduled for October 7. The Crown is seeking significant prison time for Barber, 50, and fellow organizer Tamara Lich, who was also convicted of mischief. Prosecutors have recommended an eight-year sentence for Barber and seven years for Lich, citing the protest's impact on the community.

Magas highlighted the polarized opinions surrounding the protest, noting that Barber has received death threats and hateful messages. "There’s a great divide between the two sides," she said, adding that some view the protesters as heroes. Magas has requested an absolute discharge for Barber, arguing that he has been out on bail without incident for over three years. This would prevent him from receiving a criminal record, which could hinder his ability to cross the U.S. border for work.

If a criminal record is deemed necessary, Magas is advocating for a suspended or conditional sentence that would allow Barber to continue working. The protest concluded after the federal government invoked the Emergencies Act for the first time in Canadian history, leading to a police operation that cleared the downtown area.

Barber's legal troubles stem from his actions during the protest, which included encouraging others to join and remain at the demonstration despite its negative effects on local residents and businesses. The Ottawa Police Service reported that policing the protest cost $55 million, while the City of Ottawa estimated its own expenses at over $7 million. Both Barber and Lich were acquitted of charges related to intimidation and obstructing police.