Judge will consider Crown's attempt to link Chris Barber and Tamara Lich as co-conspirators

• By Ezra Levant

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Justice Heather Perkins-McVey rejected a motion to preemptively dismiss a forthcoming application from the Crown on the 34th day of the trial of Chris Barber and Tamara Lich on Thursday in Ottawa, ON.

Both Barber and Lich are charged with crimes linked to their roles as organizers of the 2022 Freedom Convoy, a peaceful demonstration against decrees, edicts, orders, mandates, and lockdowns imposed by all levels of government and marketed as "public health" measures to reduce the transmission of COVID-19.

The two defendants are being charged with mischief, intimidation, obstruction of police, and counselling others to commit mischief, intimidation, and obstruction of police.

The day's proceedings were about half an hour, with the judge ruling on a defence motion to dismiss a pending application from the Crown seeking to treat Barber and Lich as co-conspirators in a design towards commission of an unlawful act.

The Crown previously stated its intention to submit a Carter application – which will be done after the defence concludes its arguments – to link Barber and Lich as co-conspirators coordinating towards an unlawful act. A Carter application, if accepted by a judge, allows for statements made by one defendant to be attributed to the other if a framework of criminal conspiracy between defendants if proven beyond a reasonable doubt to the judge's satisfaction.

Tamara Lich trial: Judge to revisit 'Carter' application for defendants

Lich previously spent almost 50 days behind bars on non-violent offences in relation to her role as an organizer of the anti-mandate demonstrations.https://t.co/6zzFaE4jcD

— Rebel News Canada (@RebelNews_CA) March 7, 2024

During proceedings in late 2023, Lich's defence team submitted its request to dismiss the forthcoming Carter application from the Crown, arguing that the prosecution could not meet the standard of evidence required to even consider the application. Perkins-McVey denied this motion on Monday, which will allow the prosecution to submit its Carter application towards the end of the trial.

After the prosecution's submission of its Carter application, the defence will be permitted to argue against the application's specific claims. The judge will then consider the application and determine its applicability. In order for a Carter application to be accepted, the Crown must prove beyond a reasonable doubt that a conspiracy existed between defendants towards the execution of an unlawful act, and that the defendants alleged to be co-conspirators executed actions in furtherance of the alleged conspiracy's unlawful goal.

The trial is scheduled to continue between March 13 and 15.