Court rules against defence on its application to dismiss the Crown's Carter Application

The Court denies the Defence's Application. 

TORONTO: Justice Perkins-McVey made her ruling today regarding an application brought by defence to dismiss the Crown's Carter application.

The Crown is seeking to have all statements made by Chris Barber during the convoy attributed to Tamara Lich. In other words, the crown is seeking to have Barber's statements treated in evidence as though Lich made them as well. In order to do this, the Crown has brought a Carter application wherein it argues that there was a "common unlawful design" between Lich and Barber.

The Defense has argued that the Crown's Carter application should be dismissed due to deficiencies in reasoning and evidence - for example, erroneously assuming collaboration between Lich and Barber.

In her ruling, however, Justice Perkins McVey stated that, although she agreed that there is no direct evidence of common unlawful design between Lich and Barber, there is some circumstantial evidence to be considered. Thus, given the existence of this circumstantial evidence to sustain the Carter application in favour of the Crown, she ruled that it was not appropriate at this stage to dismiss the Carter application.

In dismissing the application brought by the Defence, Justice Perkins-McVey made it clear that this is not the decision on the Crown's Carter application, but, rather a decision on the Defence's application to dismiss on a directed verdict standard: the Crown will still need to establish that the Carter application it initially brought should succeed.

The trial will continue on March 13-15.

Next week, The Democracy Fund (TDF) senior litigator Mark Joseph will be giving live updates on X from inside the Ottawa courtroom. Daily trial summaries will also be posted on our website, which you can read here.

TDF is committed to covering Tamara Lich's legal battle. The trial was expected to last only about 14 days but is now stretching deep into 2024. To assist with Tamara's case, please make a tax-deductible donation on this page. 

About The Democracy Fund:

Founded in 2021, The Democracy Fund (TDF) is a Canadian charity dedicated to constitutional rights, advancing education and relieving poverty. TDF promotes constitutional rights through litigation and public education. TDF supports an access to justice initiative for Canadians whose civil liberties have been infringed by government lockdowns and other public policy responses to the pandemic.

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