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BԪַFreedom ConvoyBԪַ organizers not in criminal cahoots, defence tells court

Trial of Tamara Lich and Chris Barber wrapping arguments in Ottawa
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Tamara Lich arrives at the courthouse in Ottawa, on Tuesday, Aug. 20, 2024. THE CANADIAN PRESS/Sean Kilpatrick

BԪַFreedom ConvoyBԪַ organizer Tamara Lich wasnBԪַt part of any conspiracy to break the law when she helped organize a massive protest against pandemic restrictions in Ottawa, her lawyers argued in her criminal trial on Tuesday.

The Crown alleges Lich and fellow organizer Chris Barber, who owns a Saskatchewan trucking business, were in cahoots to block roads and disrupt locals in a bid to pressure the federal government to drop COVID-19 vaccine mandates in 2022.

The two are co-accused of mischief, intimidation and counselling others to break the law. If the CrownBԪַs conspiracy argument holds up, the evidence against Barber would also apply to Lich.

They were both among a group of organizers behind the Freedom Convoy protest, which brought thousands of people to Ottawa for a three-week demonstration that ended only after a massive police operation.

The two rode to Ottawa together in BarberBԪַs truck, which he affectionally calls BԪַBig Red,BԪַ and were part of the corporation set up to handle donations to the protest effort.

They posted videos with messages to fellow protesters regularly on social media throughout their journey to the capital and in the weeks that followed.

But the evidence before the court suggests Barber was far more present and vocal about what was happening on the streets of Ottawa, LichBԪַs lawyer Eric Granger said in his final arguments Tuesday.

ThereBԪַs also BԪַvery little evidence of contact or interplay between the two of them,BԪַ he said.

The other problem with the CrownBԪַs theory, Granger said, is that the goal the pair was allegedly conspiring to achieve BԪַ the lifting of government vaccine mandates and restrictions BԪַ is not inherently illegal.

ItBԪַs far more common for prosecutors to use the conspiracy allegation, known as a Carter application, in murder or drug trafficking cases where the goal itself is illegal, he said.

That means in this case, the Crown must prove that the means the two organizers used to achieve their goal was illegal, he said.

He argues thereBԪַs little evidence linking Lich to any acts of mischief that played out during the protest, other than her encouraging people to come to Ottawa to protest.

The Crown has argued that Lich told protesters to BԪַhold the lineBԪַ and to come to Ottawa after residents of the city were overwhelmed for weeks by the noise, smells, crowds and blocked streets.

In final arguments, the Crown said Lich BԪַcrossed the lineBԪַ into illegal activity.

In court Tuesday, Justice Heather Perkins-McVey said the meaning of BԪַhold the lineBԪַ can change from one situation to the next and it would be reasonable to think that, at least in some contexts, it means BԪַbe true to your values.BԪַ

BԪַAnd thatBԪַs the difficult thing,BԪַ Granger said. BԪַItBԪַs simply not clear.BԪַ

GrangerBԪַs arguments are part of final submissions in a trial that began in September 2023. It was supposed to end the next month, but has dragged on far longer than expected.

LichBԪַs legal team is scheduled to continue its final arguments on Friday.





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