Several important events happened on day 37 of the Tamara Lich and Chris Barber trial.
Diane Magas - counsel for Chris Barber - continued her submission on the admissibility of statements of videos made by her client. She contended that these videos provide context and completeness to the videos and statements of the accused tendered by the Crown.
3/ a video of Chris Barber is played where he disavows flag burning but where loud honing is heard - this video was entered by the Crown. Another video is played where Chris Barber tells a flag burner to go home and says that type of behavior is unwanted - this video was referred…
— The Democracy Fund (@TDF_Can) March 14, 2024
In response, the Crown suggested that the additional videos and statements shown by Ms. Magas are not necessary for an understanding of the words spoken by Mr. Barber in the videos and statements shown by the Crown. Justice Perkins-McVey has not ruled on this issue.
The Defence then moved to argue that the Carter application should be "bifurcated" - that is, it should be heard and ruled upon by the Court before closing submissions. (Recall that the Carter application, if successful, would allow the potentially inculpatory statements of one defendant to be attributable to the other defendant, thus making it easier for the Crown to establish guilt.) Defence counsel noted that they could not properly prepare closing submissions without an understanding of the extent and nature of the evidence the Crown intends to use against their clients.
14/ The Crown opposes bifurcation. The Crown suggests that delay will be greater if bifurcation of Carter occurs, and it is concerned with meeting its Jordan obligation. There is discussion about the availability of all counsel in August. The Crown does not believe trial will…
— The Democracy Fund (@TDF_Can) March 14, 2024
Justice Perkins-McVey has not yet ruled on this Carter application, nor has she made a ruling on whether she would allow the Carter application to be bifurcated in this way.
The Court asked if the defence was ready to make an election. Lawrence Greenspon - counsel for Ms. Lich - and Ms. Magas - counsel for Chris Barber - both advised the Court that they will not be calling evidence. Thus, the evidentiary portion of the trial is complete, and it remains for the parties to argue outstanding issues and then proceed to closing submissions.
This is expected to occur in August of 2024, extending into 2025, depending on the availability of the parties and court resources.
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.
