On day 35 of the Tamara Lich and Chris Barber trial, Justice Perkins-McVey made her ruling regarding an application brought by the defence to dismiss the Crown's Carter application.
1/ Good morning everyone. I'm Adam Blake-Gallipeau, counsel with TDF, back in Ottawa to live post the continuation of the Lich & Barber trial.
— The Democracy Fund (@TDF_Can) March 7, 2024
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.
3/ To recap: A Carter application, in sum, is used when the crown seeks to have statements made by one party attributable to another party.
— The Democracy Fund (@TDF_Can) March 7, 2024
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.
16/ This means that the Carter application will be revisited and heard in full at the end of the trial.
— The Democracy Fund (@TDF_Can) March 7, 2024
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.
17/ And that brings us to the end of Day 35. My colleague Mark Joseph will be back in Ottawa for the next trial dates of March 13, 14 and 15. Thanks as always for following along and we will see you again next week.
— The Democracy Fund (@TDF_Can) March 7, 2024
Disclaimer: Please remember this update is given for information purposes only. It is not legal advice. If you have a legal issue, you should consult a lawyer for specific advice.
