The trial of Tamara Lich and Chris Barber resumed Wednesday in Ottawa, with Court Justice Heather Perkins-McVey announcing a much-anticipated decision on Crown witness testimony. .Day 16 of the trial resumed where it was left off more than two weeks ago, with the court waiting to hear a decision from Perkins-McVey, who ruled eight Crown witnesses will be allowed to testify. .It was also revealed Crown attorneys dumped 600 extra pages of disclosure on defence attorneys October 6. .Freedom Convoy organizers Lich and Barber face charges from the time of the protest, including mischief, intimidation, obstruction, and counselling to commit the same offences not committed. Barber is also charged with counselling to breach a court order not committed. .So far the court has heard from several Crown witnesses, many of whom are unprepared with “no notes,” and undergone a string of voir dire (trial within a trial) proceedings, with no criminal evidence submitted against Lich or Barber so far. .The eight civilian witnesses in question are downtown Ottawa residents and business owners including Zexi Li, a Canadian government data analyst who was the lead complainant in the class action lawsuit against the Freedom Convoy in February 2022. .The decision announced Wednesday morning determined how the next phase of the trial will go. .Defence for Lich and Barber objected based on section 655 of the Criminal Code, “stating there is no need to call these witnesses.” They argued the eight witnesses should not be allowed to testify because they will give “impact evidence” rather than “observational evidence,” which is not permitted in a criminal trial. .The defence also argued they already made an admission the convoy itself had elements of mischief, which would “obviate” the need for the eight witness testimonies. .Perkins-McVey read the statement from the defence admitting “the protest interfered with the lawful use, enjoyment, or operation of property of certain individuals and businesses.”."That evidence is to be received only if it is probative of some matter to be proved. That evidence should not be admitted. If it's only relevance is to an issue that is not in dispute," the defence stated..Meanwhile, the Crown rejected the admission and stated their right to call whatever witnesses they choose “in order to demonstrate the scope and impact of the Freedom Convoy, to rebuke the defence's assertion it was wholly peaceful and establish Barber and Lich are guilty beyond a reasonable doubt.”.“The Crown also says the testimonies are relevant to establishing the accused had a common unlawful purpose within the scheme of the Freedom Convoy,” Matthew Horwood tweeted from the courtroom. “They are seeking to tender this as part of their Carter Application,” a conspiracy charge where the Crown will try to use Lich’s words and actions against Barber and vice versa. .Justice Perkins-McVey said she will allow the witnesses based on the “Felderhof” precedent to avoid “acting outside of her scope,” tweeted MsCannabisCourt from the courtroom. .Perkins-McVey said she was “dismissing the application brought by the accused and this court will ensure only relevant and probative evidence is presented.”.The eight witnesses will be allowed to testify, but Perkins-McVey emphasized she would be “gate keeping” to ensure the testimony is “relevant” and “admissible.”.“In my view, to prevent the Crown to call the witnesses who are encompassed by proposed admission number 2 goes beyond the case management powers encompassed by the decisions of the Ontario Court,” Perkins-McVey said. “To limit the Crown's calling of evidence would intrude on the Crown's ability to call its case as it sees fit."."While I am dismissing this application on behalf of the accused, I can assure you that this Court will carefully exercise its duty to ensure that only relevant and probative evidence from these witnesses will be considered.”
