COVID-19
Judge orders some internal police documents be given to defense lawyers in Freedom Convoy leaders’ trial
From LifeSiteNews
The Crown was instructed to provide an unredacted document to the defense concerning internal police emails regarding a police officer phone upgrade that ‘wiped’ the data of some devices
On day 24 of the Freedom Convoy leaders Tamara Lich and Chris Barber’s court trial, Judge Heather Perkins-McVey ordered the Crown to provide an unredacted document to the defense lawyers concerning internal police emails regarding a police officer phone upgrade that “wiped” the data of some devices.
The Democracy Fund (TDF), which is crowdfunding Lich’s legal costs, noted in a day 24 update that Perkins-McVey asked the Crown for the documents to be “produced immediately for her examination” unredacted.
After a review, Perkins-McVey ordered the crown to provide this document “to defence in its entirety, “unredacted,” as noted by the TDF.
Perkins-McVey also asked the Crown to provide her with an email exchange between two police officers that the Crown “claimed solicitor-client privilege.”
She decided, however, regarding the emails, that she needed more time to “deliberate, reserving her decision on the matter of the crown’s claim of solicitor-client privilege.”
As a result, these emails were not produced for the defense.
Perkins-McVey on Tuesday also again noted the highly unusual nature that two Ottawa Police Service (OPS) officers who interacted with protesters and are important witnesses in the trial, had their phone data wiped during the protests, after they were told to update their phones.
The defense for Lich and Barber had last week made two defense disclosure applications requesting information from the Crown.
Lich and Barber’s defense has thus far only received completely blacked-out documents concerning the phone wipes of the OPS officers.
Last Thursday, during Day 20 of the trial, a second police witness, Nicole Bach of the OPS Police Liaison Team (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.
Officer who claimed protesters were ‘hostile’ again takes the stand to speak of a ‘final’ warning
On Day 23 of the trial, OPS Sgt. Jordan Blonde claimed that protesters were “hostile” after being told to clear out of the city’s downtown core after emergency laws were enacted despite the fact that during the clear-out a woman got trampled by a horse.
He told the court that he was tasked with giving out an “information leaflet” to protesters regarding an agreed “moving day” of trucks on February 14, 2022, from residential areas to Wellington Street. Barber had said he could not get the trucks moving right away as police cruisers were blocking the way.
On Tuesday, he again took the stand and described how there was an influx of people on the weekends during the Freedom Convoy protests, who made loud noises.
Blonde told the court about an additional engagement he had with protesters on February 19, 2022. In this interaction, he said that (Public Order Unit) officers were “pushing protesters westward,” as noted by the TDF.
“He said he communicated messages like ‘clear the intersection’ at Metcalfe Street and Sparks Street, which echoed the content of the flyers he distributed. He stated that the consequence of not leaving the area was ‘arrest,’” as noted by the TDF.
Blonde then told the court about “final messaging” given to protesters on February 19, 2022.
This “final” message resulted in a few protesters leaving, but many remained.
The TDF noted that Blonde “described those who remained as ‘hellbent on being arrested’” and that he witnessed “slow and methodical” arrests conducted by POU officers.
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 on February 14, the same day as “moving day.”
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.
Trudeau revoked the EA on February 23.
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.
From LifeSiteNews
Lawyers will argue that there is no evidence linking Tamara Lich ‘to the misdeeds of others.’
Freedom Convoy leader Tamara Lich said she will appeal her recent mischief conviction in an Ontario court, with her lawyers saying “there was no evidence linking her to the misdeeds of others.”
In a press release late yesterday, Lich’s legal team, headed by Lawrence Greenspon, Eric Granger, and Hannah Drennan, made the announcement.
“Lawyers for Tamara Lich filed Notice of Appeal in the Ontario Court of Appeal of the conviction for mischief arising out of the Freedom Convoy,” the release stated.
Lich’s legal team noted that there are two reasons for the principal grounds of appeal.
“While there was substantial evidence that Tamara encouraged the protesters to be peaceful, lawful and safe, there was no evidence linking her to the misdeeds of others,” they said.
The second reason for the appeal, according to Lich’s lawyers, is that the “trial judge failed to give effect to the principle that communication that would otherwise be mischief is protected by section 2(b) of the Charter, freedom of expression.”
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 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.
Interestingly, Perkins-McVey said about Lich and Barber during the sentencing, “They came with the noblest of intent and did not advocate for violence.”
As reported by LifeSiteNews, Lich, reflecting on her recent sentencing of over a year’s house arrest for her role in the 2022 Freedom Convoy, laid bare the fact that when all is said in done, seven years of her life will have been spent in a government-imposed “lockdown” in one form or another.
LifeSiteNews recently reported that 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.
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.
From LifeSiteNews
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.
As Evely walked to the memorial, he was allegedly told to stop by police. According to the police, Evely “ran for a short distance before being confronted by two additional police officers.”
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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