The last remaining Ottawa Freedom Convoy trucker facing criminal charges will not go to trial this month, after the court vacated his scheduled dates in light of his pending U.S. asylum claim.

I’m here at the Ottawa court house for the hearing of James Bauder, being criminally charged for his participation in the 2022 Freedom Convoy. He’s taken interesting action to seek political asylum in the United States as a result pic.twitter.com/zfk773tiY8

— Tamara Ugolini 🇨🇦 (@TamaraUgo) August 27, 2025

On November 10, 2025, lawyers from The Democracy Fund (TDF) appeared in Ottawa court on behalf of James Bauder, charged alongside other convoy participants, including Tamara Lich and Chris Barber, with mischief, counselling mischief, intimidation, counselling intimidation, and obstruction of police. His trial had been scheduled to run for three weeks, with prosecutors seeking a multi-year prison sentence.

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Mr. Bauder, however, has consistently maintained that he cannot attend the trial in person without jeopardizing his asylum claim in the United States. In August 2025, he applied for political asylum, alleging persecution by the Canadian government. U.S. asylum law is clear: returning to Canada while the claim is pending could void the application.

Arrest warrant issued for Freedom Convoy trucker seeking asylum in U.S.: Lawyer speaks out

James Bauder is seeking political asylum in the U.S. after being charged with multiple offences over his role in the 2022 Freedom Convoy protests in Ottawa.

Rebel News Senior Editor… pic.twitter.com/tRUqFg3FXf

— Rebel News (@RebelNewsOnline) August 28, 2025

The issue of the trial date has been in dispute for over a year. In August 2024, TDF requested an adjournment, arguing that Mr. Bauder should not be forced to choose between his right to a fair trial and his right to seek asylum. The Crown opposed the request, dismissing the asylum claim as “without merit” and indicating its readiness to proceed. TDF lawyers countered that determinations about the merit of an asylum claim fall to U.S. authorities, not Canadian prosecutors.

Despite receiving legal representation from The Democracy Fund — a civil liberties charity that defends Canadians — James Bauder says he believes his chances of avoiding prison are “slim".

READ MORE: https://t.co/09FUr7M9Sh pic.twitter.com/PzbgXwZDq4

— Rebel News (@RebelNewsOnline) July 11, 2025

On Tuesday, with Mr. Bauder absent from court, the judge vacated the three-week trial, a press release from TDF explains. The Crown did not attempt to hold the trial in his absence and confirmed the case remains active, though no new dates have been set.

Lawrence Greenspon, one of Mr. Bauder’s defence lawyers, said, “The court recognized that Mr. Bauder could not attend his trial in person because it would mean the abandonment of his asylum application.” Mark Joseph, litigation director for TDF, added, “This is the outcome TDF lawyers argued for in August after Mr. Bauder filed his asylum claim. We're pleased that Mr. Bauder can pursue his US claim for asylum while preserving his right to a fair trial in Canada, should it come to that.”

While it is uncommon for Canadians to seek asylum in the United States, precedent exists. James Pitawanakwat, involved in the 1995 Gustafsen Lake standoff, was sentenced to three years in prison for mischief and weapons offences. After serving his parole, he fled to the U.S., successfully fought extradition, and was granted asylum on the grounds of political persecution.