OTTAWA (LifeSiteNews) – 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.
“He submitted that this suggested Lich and Barber were not engaged in a common unlawful purpose, as required in the Carter test.”
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.