From LifeSiteNews

By Anthony Murdoch

Justice Heather Perkins-McVey noted that it was ‘unusual’ that the officers knew ‘they had to have their phones upgraded and yet did not take the responsible steps to ensure that all the evidence and disclosure was preserved.’

The trial for Freedom Convoy leaders Tamara Lich and Chris Barber resumed Thursday this week, seeing Justice Heather Perkins-McVey note that it was “unusual” that two Ottawa Police Service (OPS) officers who interacted with protestors had their phone data wiped during the protests.  

Perkins-McVey said in court that the OPS officers “knew they had to have their phones upgraded and yet did not take the responsible steps to ensure that all the evidence and disclosure was preserved.” 

The Democracy Fund (TDF), which is crowdfunding Lich’s legal costs, noted in a Day 22 trial update that Perkins-McVey found it “interesting that two PLT [Police Liaison Team] officers had their phones wiped” of important Signal chats between them and protestors.  

“She questioned how many other officers had experienced the same,” noted the TDF. 

Last Thursday, during Day 20 of the trial, a second police witness, Nicole Bach of the OPS PLT, testified her police-provided phone was “wiped” of all information when asked by the judge if she had copies of vital information of conversations between her and protesters.  

Bach was the second police officer in less than a week to testify that their phone was suddenly “wiped” of all data. 

OPS liaison team officer Isabelle Cyr testified last week that her contacts were “wiped” clean from her phone between January 27 and February 9, 2022, which was when the main protests took place. 

She noted to the court, however, that she had some text message exchanges with Freedom Convoy organizer Chris Barber printed out before her information was “wiped.” 

Yesterday in court, defense counsel Eric Granger referred to an email from an Officer “Li” which was made to Bach, and suggested that by May 2022, it was evident that the “PLT officers were seeking evidence that might have been lost while highlighting the absence of an email response from Bach in the disclosure.” 

“He argued that this evidence could also affect the credibility of the officers involved,” noted the TDF.

Diane Magas, counsel for Chris Barber, “reiterated her request for a response regarding when Bach was directed to update her phone and why she updated it when she did, leading to the phone’s wipe.” 

Last Friday, during Day 21 of the trial, Bach was again cross-examined which resulted in disclosure concerns pertaining to her testimony on Day 20 about her phone getting wiped.  

As per the TDF, the “defense team requested disclosure about the reasons behind the ‘wiping’ of Officer Bach’s cell phone. The Crown and defense left the courtroom together to discuss the issue.” 

Documents requested by the defense given to them in ‘blacked out’ form  

Lich and Barber’s defense has thus far only received completely blacked-out documents concerning the phone wipes of the OPS officers.

On Thursday in court, lawyers for Lich and Barber noted to the court they got copies of five internal emails they had requested, which were said to be communications between officers, but they were heavily redacted and wondered why this was the case.  

The OPS had claimed the emails were protected by solicitor-client privilege.  

Lawyer Vanessa Stewart, who was in court on behalf of the OPS, claimed that some of the emails have evidence from the Crown, which was shared between officers.  

The TDF noted that “Granger pointed out that solicitor-client privilege typically does not exist between the police and the crown, leading to discussions about the involvement of the crown in such legal discussions with the police.” 

Perkins-McVey inquired to Crown lawyers if the “Ottawa police were in a position to waive privilege, assuming privilege existed in the first place.” 

Stewart replied with a “No.” 

The TDF noted that Perkins-McVey questioned how communication “between two officers could trigger solicitor-client privilege.” 

In response, Stewart “maintained that the conversation was about legal advice received from the crown, justifying the privilege.” 

Perkins-McVey “noted that it was not clear whether solicitor-client privilege had been sufficiently established.” Stewart after this, “then made submissions on the waiver of privilege.”  

Lich and Barber’s trial has thus far taken more time than originally planned due to the slow pace of the Crown calling its witnesses. LifeSiteNews has been covering the trial extensively. 

Last week, bail-related charges placed against Lich for attending an awards ceremony were stayed by the Crown in a move that comes during her weeks-long trial for leading the convoy, which is separate from her bond charges. 

In early 2022, the Freedom Convoy saw thousands of Canadians from coast to coast come to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Prime Minister Justin Trudeau’s federal government enacted the Emergencies Act in mid-February, leading to Lich’s arrest two days later on February 17, 2022. 

After the protesters were cleared out, which was done through the freezing of bank accounts of those involved without a court order as well as the physical removal and arrest of demonstrators, Trudeau revoked the EA on February 23.