The Crown played a series of videos in court on Tuesday, including two featuring the arrests of Ottawa truck convoy organizers Tamara Lich and Chris Barber as part of their criminal trial.
Prosecutors have been diving into social-media posts, including the arrest videos posted on the Freedom Convoy Facebook page in February, 2022, during criminal proceedings. The recordings are currently considered part of a voir dire, which is a trial within a trial, to determine their admissibility as evidence.
Several of the videos played Tuesday featured three key words – hold the line – central to the prosecution’s case.
The Crown argues Ms. Lich and Mr. Barber not only told supporters to “hold the line” but that they “crossed the line” into committing crimes. Ms. Lich and Mr. Barber’s defence teams refute this and say their clients were engaged in peaceful protest.
The Ottawa convoy organizers face charges of obstruction of police, mischief and intimidation as well as counselling for each of those three offences. Mr. Barber also faces a charge of counselling others to disobey a court order.
Court heard Tuesday from Ottawa Police Sergeant Joanne Pilotte, the fourth member of the service to be called as a Crown witness in the trial.
Sgt. Pilotte’s investigation of the convoy included capturing videos shared on social-media platforms.
Ms. Lich and Mr. Barber were arrested on Feb. 17, 2022. In the video of Ms. Lich being taken away by police, she can be heard calling out “hold the line.”
The following day, a major police sweep began in Ottawa’s downtown core to move out big trucks that had been there for more than three weeks.
Convoy protesters said they were standing up to vaccination mandates, and some demonstrators also shared anti-government sentiments.
Another video played in court Tuesday showed an emotional Ms. Lich on Feb. 16, 2022, the day prior to her arrest.
During the recording, Ms. Lich said the convoy had been a “crazy ride.” She also said she was not shedding tears out of sadness or fright, but that she was proud of supporters.
In anticipation of an arrest, Ms. Lich said that she expected to be sent somewhere where she will be eating “three squares a day.”
“Please, stay peaceful,” she said. “And please take care of each other. And know that this too shall pass.”
Ms. Lich also said it would be “fantastic” if people could come to Ottawa to stand with the truckers. She described the protest as her “hill” and the “hill of so many” men and women.
Convoy organizers’ lawyers seek to block Ottawa residents from testifying at criminal trial
“I’m not afraid,” she said. “We are going to hold the line.”
While sitting beside her spouse, Dwayne, on Tuesday, Ms. Lich watched the video play on a big screen in the courtroom. She became emotional while viewing it.
Sgt. Pilotte told court that the video of Ms. Lich was posted on the evening of Feb. 16 to the Freedom Convoy Facebook page and that she captured it the day after.
Another video was played in court from Feb. 14, 2022, in which Ms. Lich said that the never-before-used federal Emergencies Act was expected to be used by Prime Minister Justin Trudeau. Mr. Trudeau announced that day that he would invoke the act.
The Crown hopes to call more than 20 witnesses to testify as part of Ms. Lich and Mr. Barber’s trial and has said there will be more than 100 exhibits, including videos.
In the trial, the Crown intends to convey that Ms. Lich and Mr. Barber worked in tandem with one another. It wants to point to evidence that features one of them to argue it should apply to both.
The trial is being presided over by Justice Heather Perkins-McVey. Court proceedings were initially expected to run into October but the timeline is in flux.
Justice Perkins-McVey has already said she is looking at reserving an additional two weeks for the trial.
Convoy protests: Tamara Lich and Chris Barber trial
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The latest:
Tamara Lich and Chris Barber were at the forefront of the convoy protest that rolled into Ottawa on Jan. 29, 2022. As leaders, they encouraged supporters blocking the downtown to both 'hold the line' and protest peacefully. On Feb. 17, 2022, they were arrested. Now they are standing trial for their actions. -
The protests:
Look back at the protests: Why an anti-vaccine-mandate trucker convoy called the Freedom Rally drove across Canada to Ottawa. Plus, the photos that defined the protests. -
The public inquiry:
In response to the protests, Prime Minister Justin Trudeau declared a national emergency. This decision triggered a public inquiry that lasted 10 months and found Trudeau's response was justified. Globe reporters shared five key take-aways from the final report plus, the inquiry's most interesting revelations, as told by its text messages. -
The bigger picture:
David Moscrop says the courts cannot be democracy's last, best hope. Stephanie Carvin says the tale of two convoys exposes Canada's divisions.