Lich Trial Day 37: Defence will not introduce new evidence for Lich and Barber

Lawyers representing Chris Barber and Tamara Lich in their defence against Crown prosecutors announced Thursday they would not be introducing evidence as part of their arguments before an Ottawa judge.

Both Barber and Lich are charged with non-violent crimes linked to their roles as organizers of the 2022 Freedom Convoy, a peaceful demonstration against draconian COVID mandates and lockdowns marketed as "public health" measures to 'flatten the curve.'

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

Defence lawyers Lawrence Greenspon and Diane Magas said before the court they would not submit evidence to the trial.

In remarks to Rebel News, some lawyers speculated this decision may reflect confidence on the part of the defence teams, given the prosecution has failed to meet its standard of guilt beyond a reasonable.

Diane Magas argues that the Crown's evidentiary submissions of selfie TikTok videos produced by Chris Barber, her client, lack complete context by playing related videos omitted in the Crown's submissions. We're on a short morning break, now. https://t.co/TWDiMnjMOA pic.twitter.com/8Xs8kT9RZ8

— Robert Kraychik (@rkraychik) March 14, 2024

Thursday's proceedings continued a dispute from Wednesday over the completeness of evidentiary exhibits to be introduced by the Crown, including selfie videos published by the defendants.

Eric Granger, one of Lich's lawyers, argued the Crown's video submissions required inclusion of other related videos similarly produced in a selfie format by his client and published to her Facebook profile. These omitted videos, he added, provided a more complete context to his client's statements.

Magas similarly argued that selfie videos produced and shared by her client on TikTok and sought by the Crown to be introduced as evidence required the addition of related selfie videos produced and posted by Barber for full context.

Both Barber and Lich frequently produced selfie videos during the Freedom Convoy to keep followers and observers abreast of developments across the protest. Given the dynamic nature of demonstrations were constantly in flux, the determination of where a digital statement begins, and ends is not easily deduced. Especially videos that are produced ad hoc as events change and unfold.

Magas played some of Barber's TikTok videos that were omitted from the Crown's evidentiary submission, in which Justice Heather Perkins-McVey agreed on their connectivity to the video submitted by the Crown as evidence, emphasizing that Barber was wearing the same clothing and remarking on the same incident of a Canadian flag being burned.

Chris Barber and Tamara Lich day 37 trial update; dispute over timing of Carter application. https://t.co/TWDiMnjMOA pic.twitter.com/FBk7vxosqP

— Robert Kraychik (@rkraychik) March 14, 2024

Justice Heather Perkins-McVeigh has yet to rule on this evidentiary dispute.

The last dispute of the day related to the Crown's forthcoming Carter application. Rebel News reported on the impact of such an application's acceptance.

The Crown wishes to submit its Carter application alongside final submissions, whereas the defence teams desire a bifurcated process, where the Carter application dispute – whether or not the judge accepts it – is ruled on prior to final submissions.

Both Greenspon and Magas told Rebel News that having knowledge of the judge's ruling over the Carter application will inform their strategies for composing their final submissions. Future dates for the trial beyond Friday have not been established.