Lawyers for two of the main organizers of the Freedom Convoy protests in Ottawa attempted Monday to block the testimony of eight residents and business representatives in the capital, in a debate that highlights one of the main legal disputes in that case.
Tamara Lich and Chris Barber stand trial on criminal charges related to their alleged role in the protest that blocked streets in downtown Ottawa for three weeks last year as several people demonstrated against health restrictions related to COVID-19.
“This is not the trial of the convoy,” Ms.’s lawyer repeated once again in court on Monday.me Lich, Lawrence Greenspon, an argument he has made often since the trial began last week.
The Crown does not see it the same way. “This is ultimately a trial about what happened in this city” during the demonstration and the role that the co-defendants played, prosecutor Siobhain Wetscher argued Monday.
The Crown wants to call five Ottawa residents to the stand to describe what they saw and experienced during the convoy demonstrations. The lawsuit thus wishes to call in particular Zexi Li, who requested permission to bring a class action against the organizers of the demonstration, on behalf of those who lived and worked in the city center of the federal capital at that time .
The suit hopes that if they are allowed to testify, these residents will be able to talk about the blocked streets, the incessant noise of truck horns and engines, the oppressive smell of exhaust fumes, people urinating in public and reluctance to even leave the house.
The Crown also intends to call the owner of a women’s clothing store, an Ottawa public transit official and employees of the National Arts Center to the stand. The Crown had planned to call an employee of the Fairmont Château Laurier hotel to the stand, but has since decided against it.
Mme Lich and Mr. Barber have already filed signed confessions in court admitting that the “actions of certain individuals” who participated in the demonstration had interfered with public transportation as well as the lawful employment or enjoyment of property. and shops.
“It is absolutely not necessary to call these nine witnesses,” Ms.e Greenspon, arguing that their testimony would not be relevant in a strictly legal sense. The witnesses had no direct interaction with Mme Lich or Mr. Barber, and the two organizers did not admit that they had played a role in the disturbances, the lawyer argued.
But for the Crown, their admission does not go far enough to prevent the testimony of people directly affected by the demonstration. “I don’t think Mr. Greenspon is in a position to admit that the protest was not peaceful,” Mr. Greenspon said.e Wetscher. The Crown has already alleged that the protest was “anything but” peaceful.
The suit wants to show exactly how the disruption, intimidation and obstruction manifested itself after thousands of large trucks arrived in Ottawa in late January 2022, blocking streets in what the city’s then-mayor had called it a “siege” and an “illegal occupation”.
Judge Heather Perkins-McVey stressed on Monday that whether the protest was peaceful did not affect the charges against Mr. Barber and Mr.me Lich, but could constitute an aggravating factor.
Both organizers face charges of mischief and incitement to commit mischief, intimidation and obstructing police. Mr. Barber is also accused of encouraging others to violate a court order prohibiting honking during the demonstration.
Me Wetscher argued the Crown has the right to present evidence it deems appropriate to connect the words and actions of the co-accused to the residents and workers of downtown Ottawa. “The Crown maintains that the best evidence will come from civilians,” argued the prosecutor.
If the judge allows them to testify, the witnesses will not, however, be allowed to speak about the impact that the demonstration had on them personally. Justice Perkins-McVey said she would firmly enforce this rule, as guardian of the law. “It will be a very tight door. There will be many locks on this door,” she promised Monday.
The judge also noted that the court had already heard from the first witness, Inspector Russell Lucas, of the Ottawa police, who recounted that various people demonstrated in Ottawa for different reasons. It will therefore be difficult for the Crown to associate the observations of Ottawa residents with the actions taken by the co-accused, she indicated.
“I don’t know if these testimonies will have the weight you hope for,” she told Me Wetscher.