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含羞草研究社楩reedom Convoy含羞草研究社 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

含羞草研究社淔reedom Convoy含羞草研究社 organizer Tamara Lich wasn含羞草研究社檛 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 Crown含羞草研究社檚 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 Barber含羞草研究社檚 truck, which he affectionally calls 含羞草研究社淏ig Red,含羞草研究社 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, Lich含羞草研究社檚 lawyer Eric Granger said in his final arguments Tuesday.

There含羞草研究社檚 also 含羞草研究社渧ery little evidence of contact or interplay between the two of them,含羞草研究社 he said.

The other problem with the Crown含羞草研究社檚 theory, Granger said, is that the goal the pair was allegedly conspiring to achieve 含羞草研究社 the lifting of government vaccine mandates and restrictions 含羞草研究社 is not inherently illegal.

It含羞草研究社檚 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 there含羞草研究社檚 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 含羞草研究社渉old the line含羞草研究社 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 含羞草研究社渃rossed the line含羞草研究社 into illegal activity.

In court Tuesday, Justice Heather Perkins-McVey said the meaning of 含羞草研究社渉old the line含羞草研究社 can change from one situation to the next and it would be reasonable to think that, at least in some contexts, it means 含羞草研究社渂e true to your values.含羞草研究社

含羞草研究社淎nd that含羞草研究社檚 the difficult thing,含羞草研究社 Granger said. 含羞草研究社淚t含羞草研究社檚 simply not clear.含羞草研究社

Granger含羞草研究社檚 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.

Lich含羞草研究社檚 legal team is scheduled to continue its final arguments on Friday.





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