OTTAWA, Ontario (LifeSiteNews) — On day 33 of the trial for Freedom Convoy leaders Tamara Lich and Chris Barber last Thursday, Barber’s legal counsel reiterated to the court that it is not a “crime” the two did not tell protesters to leave Ottawa as the Crown claims it was.
Per a trial update from The Democracy Fund (TDF) that is crowdfunding Lich’s legal costs, the day commenced with Barber’s lawyer, Diane Magas, responding to a Crown submission on a motion by the defense to have the Crown’s “Carter application” dismissed.
Magas, as per the TDF, “addressed the crown submission that neither Lich nor Barber asked anyone to leave Ottawa, pointing out that this is neither a crime nor does it establish a common unlawful purpose.”
She also argued that there was “nothing illegal” in communications between former Ottawa Mayor Jim Watson and some of the Freedom Convoy participants.
Thus far, as per the TDF, the Crown has asserted “that the absence of violence or peaceful nature of the protest didn’t make it lawful, emphasizing that the onus was on the Crown to prove the protest’s unlawfulness.”
The Crown in court has been holding steadfast to the notion in trying to prove that Lich and Barber had somehow influenced the protesters’ actions through their words as part of a co-conspiracy. This claim has been rejected by the defense as weak.
To back them up, the Crown has been hoping to use what is called a “Carter application” to help them make their case. The Crown’s so-called “Carter application” asks that the judge consider “Barber’s statements and actions to establish the guilt of Lich, and vice versa,” TDF stated.
TDF has said that a Carter application is very “complicated” and requires that the Crown prove “beyond a reasonable doubt” that there was a “conspiracy or plan in place and that Lich was a party to it based on direct evidence,” and as such, the defense is asking the judge to dismiss the application.
The reality is that Lich and Barber worked with police on many occasions so that the protests were within the law.
As it stands, counsel for the Freedom Convoy leaders have been detailing to the court how text message exchanges from one of the leaders showed he was trying to ensure protesters were as respectful as possible and that he wanted to work with police.
The court day on Thursday was cut short and was also the last day of the trial for 2023. The court is expected to resume on January 4, 2024.
On day 32 of Lich and Barber’s trial, the defense counsel for the leaders exposed gaps in the Crown’s main argument that the protests were unlawful even though there was no violence during the demonstrations against COVID mandates that took place in early 2022.
Lich and Barber are facing multiple charges from the 2022 protests, including mischief, counseling mischief, counseling intimidation and obstructing police for taking part in and organizing the anti-mandate Freedom Convoy. As reported by LifeSiteNews at the time, despite the non-violent nature of the protest and the charges, Lich was jailed for weeks before she was granted bail.
In early 2022, the Freedom Convoy saw thousands of Canadians from coast to coast come to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Prime Minister Justin Trudeau’s government enacted the Emergencies Act on February 14.
During the clear-out of protesters after the EA was put in place, one protester, an elderly lady, was trampled by a police horse, and one conservative female reporter was beaten by police and shot with a tear gas canister.
Lich and Barber’s trial has thus far taken more time than originally planned. LifeSiteNews has been covering the trial extensively.