Commentary
For Tamara Lich and Chris Barber, Nov. 26 is the day they will discover when they will receive their final verdict.
The pair are facing potential jail time for their involvement in organizing the Freedom Convoy trucker protest that disrupted downtown Ottawa in early 2022, leading to the government invoking the federal Emergencies Act. Their trial concluded in September after 13 months, and Ontario Court Justice Heather Perkins-McVey will provide an update on Nov. 26 regarding the delivery of her final verdict.
The fate of a controversial “Carter application” made by Crown prosecutors in the case has been overlooked. Named after a 1982 Supreme Court case, the application aims to link individuals in a criminal conspiracy. Interestingly, the focus of the Crown’s application is a charge that does not apply to Lich.
Lich and Barber face charges related to the protest, including mischief, obstructing police, blocking a highway, and counselling others to do the same. Barber is also charged with counselling others to violate a court injunction. The Crown is using the Carter application to connect the two as part of a conspiracy.
One notable charge against Barber involves encouraging protesters to honk their horns in defiance of a court order. This specific charge does not apply to Lich. Despite efforts to portray them as co-leaders, evidence shows Lich advocating for lawful and respectful behavior throughout the protest.
The Crown’s focus on linking Lich to Barber’s actions through the Carter application raises questions about accountability and legal standards. Lich’s lawyer has emphasized her commitment to lawful conduct during the protest, including agreements made with local authorities.
The outcome of the Crown’s Carter application will determine whether Lich can be held responsible for actions she did not commit. The judgment on this application will be a significant factor in the final verdict for Lich and Barber.
Lynne Cohen is an author and non-practicing lawyer based in Ottawa. The original, full-length version of this story first appeared at C2CJournal.ca.
Views expressed in this article are opinions of the author and do not necessarily reflect the views of The Epoch Times.
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