Freedom Convoy leader’s lawyer rejects claim that not telling protesters to leave was a ’crime’

by Anthony Murdoch

The Crown is trying to make a case that Chris Barber and Tamara Lich were co-conspirators and somehow influenced the protesters’ actions.

(LifeSiteNews) — On day 33 of the trial for Freedom Convoy leaders Tamara Lich and Chris Barber last Thursday, Barber’s legal counsel reiterated to the court that it is not a “crime” the two did not tell protesters to leave Ottawa as the Crown claims it was.

Per a trial update from The Democracy Fund (TDF) that is crowdfunding Lich’s legal costs, the day commenced with Barber’s lawyer, Diane Magas, responding to a Crown submission on a motion by the defense to have the Crown’s “Carter application” dismissed.

Magas, as per the TDF, “addressed the crown submission that neither Lich nor Barber asked anyone to leave Ottawa, pointing out that this is neither a crime nor does it establish a common unlawful purpose.”

She also argued that there was “nothing illegal” in communications between former Ottawa Mayor Jim Watson and some of the Freedom Convoy participants.

Thus far, as per the TDF, the Crown has asserted “that the absence of violence or peaceful nature of the protest didn’t make it lawful, emphasizing that the onus was on the Crown to prove the protest’s unlawfulness.”

The Crown in court has been holding steadfast to the notion in trying to prove that Lich and Barber had somehow influenced the protesters’ actions through their words as part of a co-conspiracy. This claim has been rejected by the defense as weak.

To back them up, the Crown has been hoping to use what is called a “Carter application” to help them make their case. 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 has said that a Carter 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,” and as such, the defense is asking the judge to dismiss the application.