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COVID-19

Judge agrees with Tamara Lich’s counsel that saying ‘hold the line’ was not a call to insurrection

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From LifeSiteNews

By Anthony Murdoch

What the Freedom Convoy leader told truckers in the Ottawa anti-COVID jab mandate protest ‘could mean, stay true to your conscience and convictions,’ Judge Heather Perkins-McVey said on Day 29 of the trial

During the trial of Freedom Convoy leaders Tamara Lich and Chris Barber earlier this week, Lich’s legal counsel argued that her use of the rallying cry “hold the line” during the 2022 protests did not imply she was calling for people to engage in illegal activity.

Attorney Eric Granger said that his client had continually called for peaceful protests in her public statements, noting her social media presence as proof.

Granger then said that Lich’s “hold the line” statement could be interpreted in many ways.

Judge Heather Perkins-McVey agreed, saying, “It could mean, stay true to your conscience and convictions. “

On February 17-18, 2022, video footage emerged of Lich and Barber’s arrest by members of the Ottawa Police Service (OPS).

While being led away, Lich told truckers in the Ottawa anti-COVID jab mandate protest to “hold the line.”

On Day 29 of the trial, which took place on Tuesday, Granger again made it a point to the court that Lich and Barber should not be considered co-conspirators in their criminal trial.

As noted in a Day 29 trial update by The Democracy Fund (TDF), which is crowdfunding Lich’s legal costs, Granger referred to the court a video posted by Lich on February 16, 2022, in which she “appealed for love, respect, and prayers for police officers.”

“Drawing attention to a text exchange between Lich and Barber on February 17, 2022, Granger highlighted apparent disagreements between them regarding the statements made in the video,” the TDF noted.

The trial is currently at the stage when the defense counsel for Lich and Barber take turns calling witnesses before the court.

On Monday, which was Day 28 of Lich and Barber’s trial, the defense argued that a Crown request to make criminal charges against one leader apply to the other leaders should not be allowed because  there is no evidence the pair worked in a conspiratorial manner.

The defense teams for Lich and Barber told the court they intended to bring forth two applications, the first being a call to dismiss the Crown’s “Carter application.”

The Crown’s so-called “Carter Application” asks that the judge consider “Barber’s statements and actions to establish the guilt of Lich, and vice versa,” TDF stated.

TDF noted that this type of application is very “complicated” and requires that the Crown prove “beyond a reasonable doubt” that there was a “conspiracy or plan in place and that Lich was a party to it based on direct evidence.”

Lich and Barber can’t be treated as a ‘single’ entity, lawyer argues

In court on Tuesday, Granger again emphasized the need for caution in treating “Lich and Barber as a single entity,” as noted by the TDF.

He told the court that he questioned the Crown’s “allegations of conspiracy, particularly in light of Barber’s diverse statements.”

He made it a point that there is no evidence Lich broke the law before her arrest. He argued that trying to interpret Lich’s “hold the line” statement as a call for violence is purely speculation, given that she has a known calm persona.

When it came to connecting Lich with Barber, Granger said there is no evidence “of Lich’s and Barber’s participation in Ottawa coexisting,” as noted by the TDF.

Multiple convoys took to Ottawa organized by various individuals. Granger told the court that the Crown’s evidence fell short for it to make a case for use of the Carter application and urged the court to dismiss it.

Barber’s lawyer stresses that evidence shows protests were peaceful and there was no ‘conspiracy’ 

Barber’s lawyer, Diane Magas, began her submissions before the court Tuesday and called into question the Crown’s material submissions concerning the date when an alleged agreement to conspire between Lich and Barber took place.

She noted the different legal definitions of riot and unlawful assembly, “arguing that the evidence overwhelmingly contradicted any tumultuous activity during the convoy protest,” as mentioned by the TDF.

“She highlighted numerous text messages and social media statements made by Barber and Lich, with no indication of an agreement for unlawful purposes. She asserted the legality of actions such as setting up a GoFundMe account and obtaining fuel for trucks. Magas emphasized the peaceful nature of the protests and the absence of evidence linking Barber and Lich to any unlawful plan.”

Magas again stressed that when looking at text exchanges and Barber’s public statements, and the fact he had cooperated with police, there was no agreement between the two to engage in an unlawful purpose.

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.

Last week, on Day 27 of the trial, Lich and Barber’s legal counsel argued that the Crown to date has not been able to prove the organizers participated in a conspiracy to break the law or encourage others to break the law, and that therefore the case should be tossed altogether. The defense’s application came after the Crown abruptly decided to end its case last Monday, telling the court it would not call forth any new witnesses.

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 government enacted the Emergencies Act on February 14.

During the clear-out of protesters after the EA was put in place, one protester, 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.

Lich and Barber’s trial has thus far taken more time than originally planned. LifeSiteNews has been covering the trial extensively.

COVID-19

Canadian veteran challenges conviction for guarding War Memorial during Freedom Convoy

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From LifeSiteNews

By Clare Marie Merkowsky

When the convoy first came to Ottawa, allegations were floated that the memorial had been desecrated. After learning of this, Evely quickly organized a group of veterans to stand guard around the clock to protect the area.

A Canadian veteran appealed to the Ontario courts after he was convicted for organizing a guard around the National War Memorial during the Freedom Convoy.

In an October press release, the Justice Centre for Constitutional Freedoms (JCCF) announced that an appeal has been filed in the Ontario Court of Appeals on behalf of Master Warrant Officer (Ret’d) Jeffrey Evely over his conviction for mischief and obstructing police while on his way to guard the Ottawa War Memorial during the 2022 Freedom Convoy.

“By locking down large sections of downtown Ottawa, the police were effectively preventing all civilians from accessing public areas and greatly exceeded their powers under the common law,” constitutional lawyer Chris Fleury explained.

“This case raises issues that have implications for protests across the province and the country. We are hopeful that the Ontario Court of Appeal will agree and grant leave to appeal,” he added.

The appeal argues that police overstepped their authority in their response to the 2022 protest of COVID mandates. Police actions at the time included locking down the Ottawa core, establishing checkpoints, and arresting protesters.

In September 2024, Everly was convicted of mischief and obstruction after his involvement in the 2022 Freedom Convoy, which protested COVID mandates by gathering Canadians in front of Parliament in Ottawa.

As LifeSiteNews previously reported, when the convoy first came to Ottawa, allegations were floated that the memorial had been desecrated. After learning of this, Evely quickly organized a group of veterans to stand guard around the clock to protect the area.

However, under former Prime Minister Justin Trudeau’s use of the Emergencies Act, many parts of downtown Ottawa were blocked to the public, and a vigilant police force roamed the streets.

It was during this time that Evely was arrested for entering a closed off section of downtown Ottawa during the early hours of February 19, 2022. He had been on his way to take the 4:25 a.m. shift protecting the Ottawa War Memorial.

He was forcibly pushed to the ground, landing face first. The veteran was then arrested and charged with mischief and obstructing police.

At the time, the use of the EA was justified by claims that the protest was “violent,” a claim that has still gone unsubstantiated.

In fact, videos of the protest against COVID regulations and shot mandates show Canadians from across the country gathering outside Parliament engaged in dancing, street hockey, and other family-friendly activities.

Indeed, the only acts of violence caught on video were carried out against the protesters after the Trudeau government directed police to end the protest. One such video showed an elderly women being trampled by a police horse.

While the officers’ actions were originally sanctioned under the EA, Federal Court Justice Richard Mosley ruled that Trudeau was “not justified” in invoking the EA, forcing Crown prosecutors to adopt a different strategy.

Now, Crown prosecutors allege that the common law granted police the authority to stop and detain Evely, regardless of the EA.

However, Evely and his lawyers have challenged this argument under section 9 of the Canadian Charter of Rights and Freedoms, insisting that his “arrest and detention were arbitrary.”

Earlier this month, Freedom Convoy organizers Tamara Lich and Chris Barber were sentenced to 18-month house arrest after a harrowing 25-month trial process. Many have condemned the sentence, warning it amounts to “political persecution” of those who stand up to the Liberal government.

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COVID-19

Freedom Convoy leader Tamara Lich says ‘I am not to leave the house’ while serving sentence

Published on

From LifeSiteNews

By Anthony Murdoch

‘I was hoping to be able to drop off and pick up my grandsons from school, but apparently that request will have to go to a judge’

Freedom Convoy leader Tamara Lich detailed her restrictive house arrest conditions, revealing she is “not” able to leave her house or even pick up her grandkids from school without permission from the state.

Lich wrote in a X post on Wednesday that this past Tuesday was her first meeting with her probation officer, whom she described as “fair and efficient,” adding that she was handed the conditions set out by the judge.

I was hoping to be able to drop off and pick up my grandsons from school, but apparently that request will have to go to a judge under a variation application, so we’ll just leave everything as is for now,” she wrote.

Lich noted that she has another interview with her probation officer next week to “assess the level of risk I pose to re-offend.”

“It sounds like it’ll basically be a questionnaire to assess my mental state and any dangers I may pose to society,” she said.

While it is common for those on house arrest to have to ask for permission to leave their house, sometimes arrangements can be made otherwise.

On October 7, Ontario Court Justice Heather Perkins-McVey sentenced Lich and Chris Barber to 18 months’ house arrest after being convicted earlier in the year convicted of “mischief.”

Lich was given 18 months less time already spent in custody, amounting to 15 1/2 months.

As reported by LifeSiteNews, the Canadian government was hoping to put Lich in jail for no less than seven years and Barber for eight years for their roles in the 2022 protests against COVID mandates.

Lich said that her probation officer “informed me of the consequences should I breach these conditions, and I am not to leave the house, even for the approved ‘necessities of life’ without contacting her to let her know where I’ll be and for how long,” she wrote.

“She will then provide a letter stating I have been granted permission to be out in society. I’m to have my papers on my person at all times and ready to produce should I be pulled over or seen by law enforcement out and about.”

Lich said that the probation officer did print a letter “before I left, so I could stop at the optometrist and dentist offices on my way home.”

She said that her official release date is January 21, 2027, which she said amounts to “1,799 days after my initial arrest.”

As reported by LifeSiteNews, Lich, reflecting on her recent house arrest verdict, said she has no “remorse” and will not “apologize” for leading a movement that demanded an end to all COVID mandates.

LifeSiteNews reported that Conservative Party leader Pierre Poilievre offered his thoughts on the sentencing, wishing them a “peaceful” life while stopping short of blasting the sentence as his fellow MPs did.

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, Trudeau’s government enacted the never-before-used Emergencies Act (EA) on February 14, 2022.

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