Day 40 of the trial of Tamara Lich and Chris Barber resumed this morning, with the Crown continuing its presentation of the evidence against the defendants.
The Crown referred to evidence from OPP Inspector Lucas, where he acknowledged that the police were "completely overwhelmed." The Crown noted the police officer Blonde claimed that the protesters had a similar interest in being in Ottawa at this particular time. For context, the Crown took the Court through a series of texts and videos of the defendants to show that they participated in the group mischief and intimidation, either as principals of aiders or abettors. The Crown also attempted, via its Carter application, to seek to have the statements and acts of one accused should be admissible against the other.
16/ The judge says but there is no evidence that Lich and Barber encouraged specific behavior re: mischief & obstruct etc. The Crown says we have evidence of generalized statements. The Crown says there is a video of Barber directing people to Toronto - but it’s not in evidence:…
— The Democracy Fund (@TDF_Can) August 14, 2024
The Crown showed texts from Barber wherein he said, "We train-wrecked the city." At one point, Ms Lich texted Mr. Barber that "they [the team] have a plan to gridlock the city" and "I don’t want to make that decision on my own." Counsel argued that this was evidence of a common purpose and direction of the protest. He noted the use of plural terms of address.
The Crown argued that these texts were part of a strategy to gridlock the city - something that the defendants encouraged and intended. The Crown went on to outline the evidence that comprised the offence of mischief: honking, heckling about masks, interference with services, transportation, commuting, sleep, and the mental health of residents. Crown counsel argued that the defendants were aware of the conditions on the ground though not of specific incidents: they were told about these harms and acknowledged them.
The Crown spent some time arguing its Carter application, attempting to show a connection between the defendants in furtherance of an offence. It prepared a list of statements of each defendant that the Crown maintains should be admissible against the other. Counsel then highlighted comments by Lich, for example: "Make sure that we get the money to the truckers", "we plan to be here for the long haul," and "We have no intention to stay one day longer than necessary."
Justice Perkins-McVey suggested to Crown counsel that she did not hear evidence that Lich and Barber encouraged specific behaviour regarding the offence of mischief or obstruction. The Crown responded that there is evidence of statements that establish participation in general mischief and obstruction of the protesters. As well, the Crown noted that there is evidence to establish aiding and abetting by the defendants.
During the afternoon session, Crown counsel showed a transcript of a video statement by Lich where she says, "We make choices from love and fear" and choose love. He says this phrase was chanted later by protesters. He says this connects her with the obstruction of the protesters. The Crown invited the Court to make this inference. Similarly, counsel showed a picture of Lich wearing a certain style of hoodie: he then referenced another photograph with a protester wearing the same style of hoodie. He invited the Court to draw a connection between Lich and the protesters. The Court, however, commented that "maybe there was a sale." Counsel suggested that this was a small piece of the puzzle, to which the Court commented "a very tiny piece."
5/ The Crown shows a text where Barber says “hold the line. We are in a peaceful protest.” He says it is an encouragement, an abettor, and a statement of solidarity.
— The Democracy Fund (@TDF_Can) August 14, 2024
He shows a transcript of a video statement by Lich where she says “we make choices form love and fear.” He says…
Crown counsel finished his closing submissions shortly thereafter. The court will resume on Thursday morning, and counsel for Barber will begin her closing submissions.
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.