COVID-19
Attorneys request Freedom Convoy leaders’ video statements be allowed as ‘evidence of the truth’
From LifeSiteNews
The trial, presided over by Justice Heather Perkins-McVey, will go until March 15.
The trial for Freedom Convoy leaders Tamara Lich and Chris Barber resumed Wednesday for a three-day stint in an Ottawa courthouse and their lawyers argued that video statements made by the leaders should be allowed as “evidence of the truth.”
The Democracy Fund (TDF), which is crowdfunding Lich’s legal costs, noted that the day began with Lich’s and Barber’s lawyers “arguing that certain videos and statements made by Ms. Lich should be admitted as evidence of the truth of their contents under a hearsay exception” and the “complete evidence rule.”
Thus far, the government has asserted “that the absence of violence or peaceful nature of the protest didn’t make it lawful, emphasizing that the onus was on the Crown to prove the protest’s unlawfulness.”
The government has held steadfast to the notion in trying to prove that Lich and Barber somehow influenced the protesters’ actions through their words as part of a co-conspiracy. This claim has been rejected by the defense as weak.
The reality is that Lich and Barber collaborated with police on many occasions so that the protests were within the law.
Eric Granger, Lich’s counsel, suggested to the court that it would not be fair for the Crown to “cherry pick” and “inculpatory statements and videos.”
Granger argued that “case law allows a court to consider the entirety of statements if they are so related as to comprise a single narrative,” the TDF mentioned.
In response, the Crown noted that the defence is “seeking to have statements admitted for the truth of their contents that are hearsay and are not, in fact, so related that they form a single narrative,” the TDF said.
Diane Magas, Barber’s counsel, observed that as the Crown has charged her client with counseling mischief, as “part of this,” they must prove the “actus reus” or guilty act.”
“This guilty act is composed of the spoken words, evidenced by the statements and videos,” the TDF noted.
Magas also pointed to the exculpatory statements of her client that “should be admitted in addition to those statements that the Crown claims are inculpatory.”
The trial, presided over by Justice Heather Perkins-McVey, will go until March 15. LifeSiteNews has been covering the trial extensively since it began last year.
The trial resumed for one day last week for only the second court date since the new year, with Perkins-McVey deciding to dismiss an application by the Freedom Convoy leaders that asked the court to throw out so-called conspiracy charges.
Lich and Barber are facing multiple charges from the 2022 protests, including mischief, counseling mischief, counseling intimidation and obstructing police for taking part in and organizing the anti-mandate Freedom Convoy. As reported by LifeSiteNews at the time, despite the non-violent nature of the protest and the charges, Lich was jailed for weeks before she was granted bail.
Besides the ongoing trial, Lich and Barber and a host of others recently filed a $2 million lawsuit against the Trudeau government for its use of the Emergencies Act (EA) to quash the Freedom Convoy in 2022.
In early 2022, thousands of Canadians from coast to coast came to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Prime Minister Justin Trudeau’s government enacted the Emergencies Act on February 14.
During the clear-out of protesters after the EA was put in place, an elderly lady was trampled by a police horse and one conservative female reporter was beaten by police and shot with a tear gas canister.
COVID-19
Court compels RCMP and TD Bank to hand over records related to freezing of peaceful protestor’s bank accounts
The Justice Centre for Constitutional Freedoms announces that a judge of the Ontario Court of Justice has ordered the RCMP and TD Bank to produce records relating to the freezing of Mr. Evan Blackman’s bank accounts during the 2022 Freedom Convoy protest.
Mr. Blackman was arrested in downtown Ottawa on February 18, 2022, during the federal government’s unprecedented use of the Emergencies Act. He was charged with mischief and obstruction, but he was acquitted of these charges at trial in October 2023.
However, the Crown appealed Mr. Blackman’s acquittal in 2024, and a new trial is scheduled to begin on August 14, 2025.
Mr. Blackman is seeking the records concerning the freezing of his bank accounts to support an application under the Charter at his upcoming retrial.
His lawyers plan to argue that the freezing of his bank accounts was a serious violation of his rights, and are asking the court to stay the case accordingly.
“The freezing of Mr. Blackman’s bank accounts was an extreme overreach on the part of the police and the federal government,” says constitutional lawyer Chris Fleury.
“These records will hopefully reveal exactly how and why Mr. Blackman’s accounts were frozen,” he says.
Mr. Blackman agreed, saying, “I’m delighted that we will finally get records that may reveal why my bank accounts were frozen.”
This ruling marks a significant step in what is believed to be the first criminal case in Canada involving a proposed Charter application based on the freezing of personal bank accounts under the Emergencies Act.
Chris Carbert (right) and Anthony Olienick, two of the Coutts Four were jailed for over two years for mischief and unlawful possession of a firearm for a dangerous purpose.
From LifeSiteNews
The “Coutts Four” were painted as dangerous terrorists and their arrest was used as justification for the invocation of the Emergencies Act by the Trudeau government, which allowed it to use draconian measures to end both the Coutts blockade and the much larger Freedom Convoy
COVID protestor Chris Carbert has been granted bail pending his appeal after spending over two years in prison.
On June 30, Alberta Court of Appeal Justice Jo-Anne Strekaf ordered the release of Chris Carbert pending his appeal of charges of mischief and weapons offenses stemming from the Coutts border blockade, which protested COVID mandates in 2022.
“[Carbert] has demonstrated that there is no substantial likelihood that he will commit a criminal offence or interfere with the administration of justice if released from detention pending the hearing of his appeals,” Strekaf ruled.
“If the applicant and the Crown are able to agree upon a release plan and draft order to propose to the court, that is to be submitted by July 14,” she continued.
Carbert’s appeal is expected to be heard in September. So far, Carbert has spent over two years in prison, when he was charged with conspiracy to commit murder during the protest in Coutts, which ran parallel to but was not officially affiliated with the Freedom Convoy taking place in Ottawa.
Later, he was acquitted of the conspiracy to commit murder charge but still found guilty of the lesser charges of unlawful possession of a firearm for a dangerous purpose and mischief over $5,000.
In September 2024, Chris Carbert was sentenced to six and a half years for his role in the protest. However, he is not expected to serve his full sentence, as he was issued four years of credit for time already served. Carbert is also prohibited from owning firearms for life and required to provide a DNA sample.
Carbert was arrested alongside Anthony Olienick, Christopher Lysak and Jerry Morin, with the latter two pleading guilty to lesser charges to avoid trial. At the time, the “Coutts Four” were painted as dangerous terrorists and their arrest was used as justification for the invocation of the Emergencies Act by the Trudeau government, which allowed it to use draconian measures to end both the Coutts blockade and the much larger Freedom Convoy occurring thousands of kilometers away in Ottawa.
Under the Emergency Act (EA), the Liberal government froze the bank accounts of Canadians who donated to the Freedom Convoy. Trudeau revoked the EA on February 23 after the protesters had been cleared out. At the time, seven of Canada’s 10 provinces opposed Trudeau’s use of the EA.
Since then, Federal Court Justice Richard Mosley ruled that Trudeau was “not justified” in invoking the Emergencies Act, a decision that the federal government is appealing.
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