Judge in high profile trial of Tamara Lich is ‘very unhappy’ with Crown’s evidentiary fumbling

Justice Heather Perkins-McVey repeatedly said on Friday that she was “very unhappy” with the prosecution’s request to refine its selection of evidence on the fourth day of the trial of Chris Barber and Tamara Lich in Ottawa, ON.

Such evidentiary submissions, the judge added, should have been completed by August 1 in order to allow the defence adequate time to prepare for the Crown’s arguments.

The Crown said it submitted about 4000 pages of documents – composed of chat logs sent through encrypted messaging apps and decrypted by law enforcement via UFED (Universal Forensics Extraction Device) technology – in discovery for the defence to review by August 1 but now wishes to specifically identify approximately 2000 pages to use in pursuit of convictions.

The judge said the Crown should have been able to “clearly articulate” its intent with which evidence it would like to bring forward during trial, before it began.

Lawrence Greenspon, Lich’s attorney, said mid-trial requests for evidentiary changes are “not only an ongoing problem” with the prosecution’s conduct but one that “overrides the trial.”

Greenspon added that the defence must be able to review the hundreds of hours of video of the Freedom Convoy – including footage captured by police officers’ body cams and aerial surveillance drones – from which an approximately 11-minute video compilation of clips was produced by the prosecution’s first witness.

“It is a massive task” to review the entire trove of video, Greenspon noted, in order to challenge the prosecution’s claim that its video montage was representative of the overall demonstration. He emphasized the video compilation’s omissions: “No bouncy castles, no hockey, no hugging of police officers.”

Amid a heavy police presence, a bouncy castle is being set up at the freedom protest in Ottawa.

Footage by @PuffinsPictures pic.twitter.com/fX6IXzKT7s

— The Post Millennial (@TPostMillennial) February 17, 2022

After Barber’s lawyer inquired about which chat logs would be selected as evidence, the Crown responded, “We will let you know.” The judge then interjected, “We are too late in the game for ‘We will let you know.'”

Judge: “You can’t have hearsay circumstantial evidence.”

Prosecutor: “Yes, you can.”

Judge: “I think that’s where we disagree.”

Judge and prosecutor go back and forth on admissibility of “social media” posts from unknown sources as evidence of crimes.https://t.co/TWDiMnjMOA

— Robert Kraychik (@rkraychik) September 8, 2023

The prosecution also played an approximately 35-minute video of a press conference featuring Barber, Lich, and Freedom Convoy volunteer Tom Marazzo produced near the end of the demonstration in February 2022. Marazzo repeatedly emphasized the “peaceful” nature of the protest and urged supporters to be compliant ahead of what he expected were soon-to-come police operations to forcibly end the demonstration.

“If this does happen, we will be absolutely peaceful,” Marazzo said in the video in anticipation of the police takedown of the Freedom Convoy. “We will not be confrontational. We will not resist. We will not be violent. This is a peaceful protest,” he added.

Marazzo reiterated, “I am not calling for violence.” He said he didn’t want Canadians supporting the Freedom Convoy with their attendance to “create problems.”

Prosecution played video of a 02/2022 press conference led by Freedom Convoy volunteer @TomMarazzo w/Tamara Lich and Chris Barber. Marazzo repeatedly emphasized “PEACEFUL” protest; “We will not resist. We will not be violent. This is a peaceful protest.”https://t.co/TWDiMnjMOA

— Robert Kraychik (@rkraychik) September 8, 2023

Marazzo’s emphasis on peaceful protesting during the press conference from February 2022 came in contrast to the prosecution’s central claim that the Freedom Convoy was “anything but peaceful.”