As the two-year anniversary of what became Freedom Convoy approaches, two key organizers of the protests are back in court, but remain in legal limbo as their criminal trials drag on.
Tamara Rich and Chris Barber will return to an Ottawa courthouse on Thursday for a trial that will extend far beyond its original 16-day schedule. The court has only one day left for trial.
The arrest was made on February 17, 2022, the day before police began clearing the streets of people camping to protest against COVID-19 restrictions and the Air Force’s complaints against the government. – Rich and Barber are charged with mischief, interfering with police, and encouraging others to commit mischief or threats.
The trial, which began on September 5, will determine whether and how the two men should be punished for their roles in weeks of protests that have disrupted the city center and shocked residents. The purpose is to determine whether the person should be punished.
Legal disputes, technical delays, unprepared witnesses and questions over how police disclose evidence have all slowed the case.
No other trial dates have been confirmed since January 1, even though prosecutors have closed the case and the trial is closer to finishing than starting.
The current problem is the availability of limited dates.
Defendant is not expected to testify
Once the case does begin, Rich and Barber’s defense attorneys continue to argue that prosecutors have not presented enough evidence to prove that the two conspired or committed the crimes they are accused of. It is expected that.
Ricci’s attorneys, Lawrence Greenspon and Eric Granger, and Barber’s attorneys, Diane Magas and Marwa Younes, told the court they needed about five more days.
Even if there is evidence, it is not clear what kind of evidence it would be. The two defendants are not scheduled to testify at this time.
The defense argued during the trial that Ricci and Barber cooperated with police and city officials and were peaceful during their time in Ottawa.
Barber, from Swift Current, South Carolina, was taken into custody and released the next day.
Rich, a native of Medicine Hat, Alta., spent 49 days in prison over two periods. Her first stint was when she was first arrested, and she was later arrested again after a Canada-wide warrant was issued for violating her bail conditions.
Thursday’s hearing is expected to begin with arguments over the admissibility of court records of two court injunctions ordering protesters not to blow horns during motorcades.
Mr. Barber faces additional charges for failing to comply with that court order.
In a video taken from Mr Barber’s TikTok account days after the restraining order was granted and presented as evidence in court, Mr Barber can be seen “grabbing the horn switch” on a truck driver and yelling at him if police try to eject him. If that happens, he said, “keep it ringing for as long as possible.”
Crown says case is not about political views
Judge Heather Perkins McVeigh, who is overseeing the case, will also rule on whether the two defendants acted in concert.
Crown prosecutors Tim Radcliffe and Siobhan Vettcher said the case was not about Mr Rich and Mr Barber’s political views, but how they “crossed the line” when committing the crimes they are accused of. He argued that the problem was whether it was true or not.
They used police and resident testimony, hours of video evidence, and mountains of social media content and text messages to argue that the two defendants controlled and influenced the protests.
They also seek to establish that Rich and Barber conspired and cooperated to commit the crimes they are accused of, and therefore argue that evidence against one should apply to both. .
The defense argued that the Crown had not sufficiently proven that there was an “illegal purpose” to planning the protest and it should be struck down.
Once the trial is over, the judge has up to six months to issue a verdict. If convicted of mischief, he could be sentenced to up to 10 years in prison.
morning in ottawa5:48Freedom Convoy Leader Trial resumes for 1 day
Tamara Rich and Chris Barber are back in court today, but are not scheduled to testify.
