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Attorneys for Tamara Lich pleaded for the court docket to declare “sufficient is sufficient” because the accused “Freedom Convoy” chief has now appeared earlier than 5 completely different judges to argue for her launch through the pretrial section.
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“If there was ever a time the court docket might say sufficient is sufficient…,” mentioned Lawrence Greenspon, sounding exasperated on the shut of Monday’s session after Crown prosecutor Moiz Karimjee requested to name Lich to testify — once more — alongside along with her surety.
“This court docket has discretion to say ‘sufficient is sufficient,’ Mr. Karimjee,” Greenspon mentioned, noting that each Lich and her court-approved surety have already been referred to as to the stand twice to testify.
“Now they need to name (witnesses) for a 3rd time whereas Ms. Lich sits in jail.”
Lich has now spent an amassed 48 days in custody on the Ottawa-Carleton Detention Centre since her preliminary arrest, Greenspon mentioned, and argued Lich had already spent extra time in pretrial custody “as a presumptively harmless particular person” than she would have served if convicted and sentenced at trial.
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Superior Courtroom Justice Andrew Goodman, who was introduced in from Toronto to preside over Monday’s listening to, mentioned he would permit the Crown to name Lich and her surety for cross-examination Tuesday morning because the bail evaluate resumes.
The identification of Lich’s surety stays protected by a publication ban.
After listening to a full-day recap of most of the similar arguments which have already been introduced to 4 different judges throughout Lich’s earlier bail hearings, Goodman mentioned he would possible render his determination on whether or not there have been “errors in regulation” dedicated by magistrate Paul Harris in the newest ruling that denied Lich bail and despatched her again to jail.
The seasoned decide referred to as it “a really distinctive state of affairs” that he had by no means earlier than encountered in his years on the bench.
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Goodman can also be anticipated to listen to additional submissions from the Crown, and from Greenspon and fellow defence counsel Eric Granger, throughout Tuesday’s session.
“Then we’ll see the place we’re at with respect to offering a ruling (on the bail evaluate),” Goodman mentioned.
Lich was arrested Feb. 17 close to the fruits of the three-week demonstration that blockaded downtown streets and was initially denied bail on Feb. 22, although that Ontario Courtroom determination was then overturned in March by Superior Courtroom Justice John Johnston.
Much like Goodman, Johnston was additionally introduced in from an out of doors jurisdiction to rule on that bail evaluate.
Lich was then hauled again earlier than court docket in a digital listening to earlier than Superior Courtroom Justice Kevin Phillips in Might after the Crown alleged she breached two circumstances of her launch — one when she accepted an invite to a gala hosted by the Justice Centre for Constitutional Freedoms, and one other situation when she appeared in a social media publish because the “model ambassador” for a trucker-themed “freedom pendant.”
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Phillips dominated in Lich’s favour and allowed her to attend the gala, whereas reinforcing the circumstances — together with an order forbidding contact with fellow convoy leaders — that had been set out in her bail plan.
Lich was then re-arrested in her Medication Hat, Alta. house on a Canada-wide warrant late final month and charged with breaching her bail circumstances when she attended that June 16 gala and had a quick congratulatory trade with fellow convoy organizer Tom Marazzo.
She additionally posed for {a photograph} with Marazzo that was extensively circulated on social media following the gala.
magistrate Paul Harris revoked Lich’s bail and despatched her again to jail on the shut of the associated listening to, with Greenspon promptly promising to lodge an attraction by way of a bail evaluate.
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Greenspon on Monday characterised the interplay between Lich and Marazzo as “nothing greater than a handshake” and a bunch photograph, whereas Granger argued Harris made a number of “errors in regulation” in his ruling two weeks in the past.
Granger mentioned there was no proof the interactions “had something to do with reviving a road protest,” which was the first concern when that situation was imposed, and implored Goodman to carry out his personal evaluation of the breach.
Karimjee forged Lich as a “decision-maker” within the convoy and referenced textual content messages between her and co-accused Chris Barber discussing a method to “gridlock” the town.
A key level of rivalry stays the perceived severity of the offences — together with mischief, intimidation and associated counselling prices — and the potential for a prolonged jail time period.
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That time — with Karimjee suggesting the Crown might search as a lot as ten years for the mixed offences, whereas Greenspon countered she might have already served her time — has yielded differing opinions from the 4 judges who’ve heard the proof.
“We’re not speaking about sedition, we’re not speaking about inciting a riot. We’re speaking about mischief right here,” Goodman mentioned as he challenged Karimjee to provide the same case as authorized precedent.
“Have you learnt of any case the place mischief over $5,000 is even shut to 10 years, or perhaps a penitentiary sentence?” the decide requested.
“The reply isn’t any,” Karimjee replied, “as a result of there has by no means been an occupation of a metropolis — the capital of Canada — for 3 weeks.
“If the intention to blockade a metropolis for 3 weeks doesn’t appeal to a doubtlessly prolonged time period of imprisonment, what would?”
The listening to resumes Tuesday.
ahelmer@postmedia.com
Twitter.com/helmera
