Lich Trial Highlights: September 13, 2023

The seventh day of the trial of Tamara Lich and Chris Barber saw the conclusion of the examination-in-chief of Sergeant Pilotte on the voir dire. The voir dire involves a determination by the Court of the admissibility of certain Facebook posts, videos and other social media associated with the freedom convoy, Ms. Lich and Mr. Barber.

The last few minutes of the first 75-minute video are played for the Court. This video appears to be of a press conference with Ms. Lich, Mr. Barber, Keith Wilson and several others. Keith Wilson explains that the truckers are asserting their s.2 Charter rights.

The second 75-minute video is shown to the Court. There is some discussion by Keith Wilson about the 10-day injunction against honking. At one point, Ms. Lich implores the mainstream media to be fair. There is another discussion about the use of Bitcoin to fundraise and avoid censorship.

The Court returned in the afternoon to finish with the last 75-minute video. In a refinement of its hearsay argument, the Crown said there is an admission by Ms. Lich that she was a leader & organizer of the protest. However, there is no equivalent admission by Mr. Barber. Thus, the Crown said that it needs this evidence to establish Mr. Barber's strong connection to the protest. The Crown claimed that the evidence will not be used for the truth of its content but for the fact that it was made (and, therefore, will not fall afoul of the rule against hearsay).

The Crown finished its examination-in-chief of Sergeant Pilotte, and there was some discussion between the Court, the defence, and the Crown as to cross-examination of the witness. Ultimately, it was decided that counsel for Mr. Barber would cross-examine Sergeant Pilotte in the time remaining.

The cross-examination consisted of the display of several videos of Mr. Barber wherein he reminded people to remain peaceful and respectful of law enforcement. Sergeant Pilotte was asked whether she reviewed these videos. She advised that she was tasked by Detective Benson only to download the videos.

We learned that she was given a list of videos to download by Detective Bension: she did not know the reason for the inclusion of some videos but not others (such as the videos where Mr. Barber is advising people to remain peaceful and respectful of law enforcement).

The Court instructed the Crown to provide the defence with the list made by Detective Benson of the videos Sergeant Pilotte was told to download.

The Court adjourned until Thursday morning, at which time it is expected that cross-examination of Sergeant Pilotte will continue.

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.

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