In the fifth day of the criminal trial of Freedom Convoy organizers Chris Barber and Tamara Lich, the defence lawyer attempted to prevent Ottawa residents and business owners from testifying. Lawrence Greenspon, a lawyer for Ms. Lich, argued that their perspectives were not “legally relevant” to the case and that the Crown should not introduce impact statements during the trial. Mr. Greenspon stated that there was no need to call these nine witnesses.
According to Mr. Greenspon, the Crown was trying to present victim impact statements as part of its case during the trial. He urged the judge to exclude evidence that was not legally relevant. The defence lawyer emphasized that only evidence that is legally significant should be considered.
The Crown explained to the court that Ottawa residents would testify about the disruptions they experienced during the three-week trucker protest organized by the Freedom Convoy. These disruptions included road blockages, honking of horns, smells of diesel, business interruptions, and inappropriate interactions with protesters.
Zexi Li, a federal public servant and lead plaintiff in a proposed $300 million class-action lawsuit, was mentioned as one of the potential witnesses. The lawsuit represents residents and businesses claiming to have suffered harm as a result of the trucker protest against COVID-19 vaccine mandates and passports.
Chris Barber and Tamara Lich are facing charges of counselling to commit mischief, counselling to disobey a court order, counselling to obstruct police, and mischief that interferes with the use and enjoyment of property. Mr. Greenspon argued that since the defendants had admitted that certain individuals involved in the protest interfered with public transit and the use of property and businesses, there was no need to hear from the witnesses.
The defence lawyer also raised concerns about the witnesses’ testimonies being treated as impact statements in the middle of the trial, as impact statements are typically presented during the sentencing portion of a trial.
Crown attorney Siobhain Wetscher argued that the witness testimonies were necessary to illustrate the scope, nature, consequences, and impacts of the Freedom Convoy protest. The Crown lawyers aimed to demonstrate that Chris Barber and Tamara Lich played a direct role in the protest’s disruptions to the city.
Justice Heather Perkins-McVey questioned the relevance of hearing about the scope and impact of the protest since the trial was focused on the charges against the defendants. However, she acknowledged that the impact could be considered as an aggravating factor.
Justice Perkins-McVey also expressed concern about witnesses providing blanket statements about the protest, stating that certain details were subject to change. The court had already heard from an Ottawa Police Service commander and viewed footage of the protest.
The trial had only heard from one witness, OPS Operations Support Inspector Russell Lucas, out of the intended 22 witnesses. The judge has yet to make a decision on whether the court will hear from the witnesses in question. The trial is scheduled to last for 16 days.