(Ottawa) Defense lawyers for the organizers of the “freedom march”, Chris Barber and Tamara Lich, began presenting their arguments in an Ottawa courtroom on Monday.
Eric Granger, a lawyer for Mme Lich, argued there was no direct evidence linking her to illegal activities that took place in downtown Ottawa during the protest.
And the defense team continues to argue that evidence in the case that applies only to Mme Lich should not be used against Mr. Barber, and vice versa.
The two organizers are co-accused of mischief and intimidation, among other charges related to the massive protest against COVID-19 restrictions, which shut down the area near Parliament Hill for weeks early in 2022.
The Crown argues that the two co-accused had influence over the behavior of the protesters and that they worked closely enough that evidence relating to one of them would also be considered evidence against the other.
Prosecutors rested their case a week ago after weeks of testimony about the disruptive nature of the protest.
Me Granger told the court Monday that none of the witnesses presented by the Crown said they communicated with Ms.me Lich.
He alleged that peacefully protesting against pandemic guidelines, or inviting others to do so, is not a crime and does not incite others to commit criminal offenses.
Me Granger also stated that Mme Lich could not aid or abet a crime without knowledge that a crime was being committed.
The Crown alleges the protesters criminally obstructed traffic and the highway near downtown Ottawa, as well as public property and peace officers.
Coordination and calls for pacifism
Monday, Me Granger presented a chronological summary of the evidence of the operations carried out by Mr.me Lich between January 20 and February 17, 2022, the day of his arrest.
This summary included previously sealed text message exchanges between Mme Lich and M. Barber, as well as remarks made by M.me Lich on social networks or during press conferences, during and just before the demonstration.
Me Granger stated that the role of Mme Lich was to be responsible for the finances of the event.
On January 21, Mme Lich launched a GoFundMe page and an official “freedom convoy 2022” Facebook page.
On January 22, Mme Lich posted on X, formerly Twitter, a list of demands to the Canadian government, including an end to all pandemic-related restrictions and a “stop” to rhetoric regarding unvaccinated Canadians.
Later, on January 23, Mme Lich said in a Facebook live video that the GoFundMe page has raised more than $1 million and that “Ottawa hears you loud and clear.”
At the beginning of February, Mme Lich and Mr Barber sent text messages to each other about their meeting with former Conservative MP Candice Bergen, but it is unclear whether the meeting actually took place.
Mr. Barber and Mr.me Lich have also continually communicated concerns that they may be associated with Pat King, another vocal organizer of the convoy. They said he needed to be “less visible” and tone down his speech.
M’s list of evidencee Granger shows that Mr. Barber and Mme Lich communicated almost daily to coordinate logistics.
He noted that Mme Lich and Mr. Barber urged their supporters to be peaceful and report anyone disruptive to the police several times throughout the protest.
Video evidence
During the Crown’s arguments, prosecutors played hours of videos posted on social media by Mme Lich and Mr. Barber who covered the preparations for the demonstrations until their arrest as police forcibly removed demonstrators from downtown Ottawa.
In these videos, the two organizers were identified as leaders of the “freedom convoy” movement and relayed messages to demonstrators.
Mr. Barber’s lawyer also showed the court videos of him calling on protesters to remain peaceful and respect police and Ottawa residents.
The defense filed a motion last Tuesday, claiming that Mr.me Lich and Mr. Barber should not be considered accomplices because their actions were not criminal.
Judge Heather Perkins-McVey said she did not expect to rule on the motion this week.
The trial is expected to resume on Tuesday.