Because the two-year anniversary of what grew to become the Freedom Convoy approaches, two of the protest’s key organizers are again in courtroom and nonetheless in authorized limbo as their prison trial continues to pull on.
Tamara Lich and Chris Barber will return to the Ottawa courthouse Thursday for the continuation of their trial that has dragged far past the unique 16 days scheduled. The courtroom has solely put aside at some point for the continuation of the trial.
Arrested Feb. 17, 2022 — a day earlier than police began clearing the streets of protesters — Lich and Barber are charged with mischief, obstructing police, counselling others to commit mischief and intimidation for his or her roles within the protest.
The trial, that began Sept. 5, is supposed to determine whether or not – and in that case, how – the 2 must be punished for his or her function within the weeks-long protest that clogged town’s core and shook residents.
Authorized wrangling, technical delays, unprepared witnesses and points over how police proof was disclosed have all slowed the proceedings.
Past the at some point in January, no different courtroom dates have been confirmed, regardless of prosecutors closing their case and the trial now being nearer to its end line than its begin.
At difficulty now could be the provision of restricted courtroom dates for the trial to proceed.
Accused not anticipated to testify
When proceedings do get going, it is anticipated Lich and Barber’s defence will proceed to argue prosecutors have not proven sufficient proof to show the 2 acted in a conspiracy, or dedicated the crimes they’re accused of.
Defence legal professionals Lawrence Greenspon and Eric Granger, representing Lich, alongside Diane Magas and Marwa Younes, representing Barber, have informed the courtroom they want about 5 extra days to mount their defence.
It isn’t clear what, if any, proof they are going to name and the 2 accused will not be at the moment anticipating to testify. Defence legal professionals have argued all through the trial Lich and Barber labored with police, metropolis officers and stayed peaceable throughout their time in Ottawa.
Barber, from Swift Present, Sask., was launched a day after coming into custody. Lich, from Medication Hat, Alta., spent 49 days in jail unfold throughout two stints. The primary stint was when she was initially arrested, then once more after she was picked up on a Canada-wide warrant for violating her bail circumstances.
The proceedings on Thursday are anticipated to start with arguments over the admissibility of courtroom transcripts from two courtroom injunctions that ordered protesters to restrain honking air horns in the course of the convoy.
Barber is going through a further cost of disobeying that courtroom order.
In a video taken from Barber’s TikTok account days after the injunction was granted and offered as proof in courtroom, he informed truckers to “seize that horn swap” and “let it roll so long as potential” if police tried to dislodge them.
Crown argues case is just not about political opinions
Justice Heather Perkins-McVey, overseeing the proceedings, can also be anticipated to rule on whether or not the 2 accused acted in a conspiracy.
Crown prosecutors Tim Radcliffe and Siobhain Wetscher argued the case is just not about Lich and Barber’s political opinions, however as an alternative how they “crossed the road” in committing the crimes they’re accused of.
They used police and resident testimony, hours of video proof, mountains of social media content material and textual content messages to argue the 2 accused had management and affect over the protests.
Additionally they sought to determine that Lich and Barber labored collectively in a conspiracy to commit the crimes they’re accused of, and due to this they are saying proof in opposition to one ought to apply to each. However the defence argued this must be quashed as a result of the Crown hadn’t adequately confirmed they’d an “illegal goal” in planning the protest.
As soon as the trial ends, the decide has as much as six months to make her choice. A responsible discovering for a mischief cost can carry a most penalty of 10 years in jail.
