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.
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.
Trial on hiatus 'til August 13th, judge issues decisions on evidentiary exhibit disputes and Carter application timing. https://t.co/TWDiMnjMOA pic.twitter.com/dCOQz7FFVy
— Robert Kraychik (@rkraychik) March 15, 2024
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.
Future trial dates set: August 13, 14, 15, and 19, 20, 21, 22, 23. Final submissions and the Carter application will be addressed. https://t.co/TWDiMnjMOA
— Robert Kraychik (@rkraychik) March 15, 2024
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.
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