Live Updates: Freedom Convoy organizer Tamara Lich's trial enters day 30
The trial of Tamara Lich and Chris Barber continues on day 30 today in Ottawa. As two of the most prominent faces of the Freedom Convoy, Lich and co-accused Chris Barber are facing charges of mischief, obstructing police, counselling others to commit mischief, and intimidation. The Freedom Convoy demonstrations drew thousands of Canadians to Ottawa in early 2022 in opposition to COVID-19 restrictions.
As explained by Rebel News reporter Robert Kraychik, during yesterday's proceedings, "Eric Granger, Lich's co-counsel, asked Justice Heather Perkins-McVey to reject a pending Carter application from the Crown. A Carter application, if approved by a judge, allows incriminating evidence against one co-defendant to be attributed to other co-defendants."
"Granger said the evidence provided by the prosecution, which ended its arguments last week, failed to fulfill the criteria required for a successful Carter application," added Kraychik.
Watch a full recap of yesterday's proceedings:
Kraychik is once again reporting from inside the Ottawa courthouse and will be providing live updates.
Follow along below:
The prosecution wants the judge to defer her decision over the defense teams' request to dismiss its Carter application until the trial's end to allow the Crown to potentially refine its submission in response to continually unfolding events in the trial.https://t.co/TWDiMnjMOA
— Robert Kraychik (@rkraychik) November 29, 2023
"Blocking or obstructing streets is illegal," prosecutor Tim Radcliffe says, as is "obstructing access to property [or] its enjoyment". "All rights have limits," he adds. He is delineating between "peaceful" and "lawful" in the context of protests. https://t.co/c23QKxiFtQ
— Robert Kraychik (@rkraychik) November 29, 2023
"Peaceful protest does not necessarily equate with lawful," prosecutor Tim Radcliffe says, characterizing Chris Barber's repeated calls for "peaceful" protests as a plea to those "on the bandwagon ... to do so non-violently".https://t.co/TWDiMnjMOA
— Robert Kraychik (@rkraychik) November 29, 2023
Prove your innocence? Prosecutor Siobhan Westcher says an application should be submitted by the defense teams and approved by the judge to deem the Freedom Convoy a "lawful" protest before proceeding with the defense's request to dismiss the Crown's Carter application.
— Robert Kraychik (@rkraychik) November 29, 2023
Westcher says the question before the judge is whether or not the agreement - or conspiracy - between Barber and Lich was for a lawful or unlawful demonstration. If it was the latter, the Carter application should move forward, be considered and accepted. https://t.co/toWx9omCnG
— Robert Kraychik (@rkraychik) November 29, 2023
Prosecutor Siobhan Westcher says, "The Crown has never suggested the Freedom Convoy was violent, it didn't descend into rioting. ... The absence of violence doesn't make something peaceful. ... [but] is merely a lack of an aggravating factor." https://t.co/TWDiMnjMOA
— Robert Kraychik (@rkraychik) November 29, 2023
One officer testified that Barber was "always amendable to working with the police" and "always respectful", Magas recalls, and another agreed that Barber "assisted in the moving of vehicles" to help the OPS maintain public safety. https://t.co/qTZNJG8oM4
— Robert Kraychik (@rkraychik) November 29, 2023
Diane Magas noted that four of the 16 Crown witnesses had direct interactions with Chris Barber. Three of the four witnesses - OPS officers who liaised with Barber - testified to Barber's assistance in helping manage the Freedom Convoy's operations.https://t.co/TWDiMnjMOA
— Robert Kraychik (@rkraychik) November 29, 2023
Even with a prestigious and powerful position (i.e. judge, high-profile prosecutor, esteemed defense attorney), there's really nothing glamorous about work within the Ottawa Courthouse. Whether it be the building itself or the clientele, so to speak, it's just not that refined.
— Robert Kraychik (@rkraychik) November 29, 2023
Day 30 Chris Barber/Tamara Lich trial update: Dispute over the prosecution's Carter application - which would apply a framework of conspiracy to the trial if accepted by the judge - continues as defence teams say evidence contradicts Crown's framing.https://t.co/TWDiMnjMOA pic.twitter.com/tWZNNxlZsV
— Robert Kraychik (@rkraychik) November 29, 2023
During the Freedom Convoy, Barber told protesters that law enforcement from "all over Ontario" were "doing an amazing job", he urged supporters to praise police, "Give him a pat on the back, give him a handshake, tell him he's doing an awesome job."https://t.co/TWDiMnjMOA
— Robert Kraychik (@rkraychik) November 29, 2023
A Carter application, if approved by a judge, applies a framework of criminal conspiracy upon co-defendants in pursuit of a "common unlawful design", which allows all judge or jury to view any criminal act by any co-defendant as applicable to all co-defendants as co-conspirators.
— Robert Kraychik (@rkraychik) November 29, 2023
Magas is challenging the Crown's Carter application submission, which, if approved by the judge, would allow for attribution of all incriminating evidence against either Barber or Lich to be applied to both. https://t.co/Hh8q1lFhD3https://t.co/TWDiMnjMOA
— Robert Kraychik (@rkraychik) November 29, 2023
Chris Barber/Tamara Lich trial day 30; Diane Magas, Barber's lawyer, reads statements sent by her client - both publicly and privately - prior to and during the Freedom Convoy as evidence contradicting the Crown's allegation of a criminal conspiracy between the two co-defendants.
— Robert Kraychik (@rkraychik) November 29, 2023
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