OTTAWA—The judge in the trial of Freedom Convoy organizers Tamara Lich and Chris Barber has ruled that eight Crown witnesses can testify with respect to the impact the trucker protest had on them.
“To limit the Crown’s calling of evidence would intrude on the Crown’s ability to call its case as it sees fit,” Justice Heather Perkins-McVey said on Oct. 11.
Ms. Lich and Mr. Barber are charged with counselling to disobey a court order, counselling to obstruct police, and mischief that interferes with the use and enjoyment of property, for the role they played in organizing the trucker protest against COVID-19 vaccine mandates.
Crown lawyers have argued the testimony of the witnesses, which include Ottawa residents and business owners, is necessary to demonstrate the scope, nature, and consequences of the protest.
They said the testimonies were relevant in establishing that Mr. Barber and Ms. Lich had a “common unlawful purpose within the scheme of the Freedom convoy,” attempting to show that the two organizers worked closely together and that whatever charges applied to one should apply to both.
The defence lawyers said they were prepared to admit that the protest interfered with the lawful use, enjoyment, or operation of property of certain individuals and businesses. Therefore, they argued, pursuant to section 655 of the Criminal Code, there was no need to call the witnesses to testify, as the related issue is not in dispute.
The defence previously argued that the testimonies of the witnesses would amount to witness impact statements, which are inadmissible at this stage of the court proceedings.
When announcing her decision, Justice Perkins-McVey cited a principle in Canadian law that stipulates the Crown should be allowed to call the case as they see fit, provided that the evidence called is relevant and admissible.
The judge said while she was dismissing the defence counsel’s application against having the witnesses testify, the court would “carefully exercise its duty to ensure that only relevant and probative evidence from these witnesses will be considered.”
“These are the inherent duties of every trial judge as well as being a gatekeeper to ensuring that only admissible evidence is tendered. And I can assure you that I will fulfill or seek to fulfill my obligation as the trial judge in these proceedings,” she said.
The Ottawa residents are expected to begin their testimonies on Oct. 12.
