Tamara Lich trial day 38: Judge rules against two defence requests, hiatus until August

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

Remove Ads

The judge overseeing the Chris Barber and Tamara Lich trial ruled on two outstanding disputes – one regarding evidentiary exhibits submitted by the Crown and another regarding the timing of an incoming Crown application – on the trial's thirty-eighth day of proceedings on Friday 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.

On the matter of a dispute over the breadth or narrowness of evidentiary exhibits submitted by the Crown. Justice Heather Perkins-McVeigh ruled in favour of Barber's defence team's request but against those of Tamara Lich's.

At issue was whether selfie-style videos produced by the two defendants and posted online during the Freedom Convoy – and requested to be entered as evidence into the trial by the Crown – required fuller context via the addition of other related videos similarly published by the defendants.

The defence teams both argued that the videos sought to be used as evidence by the prosecution required contextualization via the addition of other similarly produced selfie-style videos. The judge agreed with Barber's defence team's request to add other videos to the Crown's submission of a particular video, stating that the additional videos amounted to a complete statement to remain in accordance with a criminal proceedings rule restricting decontextualization and cherry-picking of portions of statements.

The judge disagreed, however, with a similar request made by Lich's defence team in relation to a selfie-style video produced by Lich and published to TikTok. The judge held that the video did not require additional context in the form of related videos to be properly understood.

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.

The judge also ruled against the two defence teams' request to bifurcate forthcoming proceedings over two matters: a dispute over the Crown's incoming Carter application and final submissions by the prosecution and defence teams. On Thursday, the defence teams requested the judge first rule on the Carter application, and then move to final submissions. Lawrence Greenspon and Diane Magas – representing Lich and Barber, respectively – told Rebel News that such bifurcation would allow them to more efficiently prepare their final submissions after knowing the judge's decision on the Carter application.

With the judge deciding to consolidate proceedings for the Carter application dispute and final submissions, the defence teams will need to prepare concluding arguments for two scenarios: acceptance or rejection of the Crown's request for the judge to view Barber and Lich as criminal co-conspirators.

The trial is now on hiatus until August, with currently scheduled dates between August 13 and 23.

Remove Ads
Remove Ads

  • By Ezra Levant

Support Tamara's Legal Defense

The Democracy Fund, a Canadian charity, is supporting Tamara Lich by crowdfunding her legal bills. The cost of expert legal representation is $300,000, which Tamara, an ordinary mom and grandma from Medicine Hat, Alberta, cannot afford. But we have a secret weapon: Lawrence Greenspon, one of Ottawa's top lawyers, is on Tamara's side. Lawrence is accustomed to handling complex and serious cases, but his team is expensive — and they are worth every penny. If you can, please chip in to help cover Tamara's legal fees.


Don't Get Censored

Big Tech is censoring us. Sign up so we can always stay in touch.

Remove Ads