Examining the Accusations Against Lich, Barber: Comprehensive Analysis by Legal Professionals
The charges against the leaders of the Freedom Convoy who are currently facing trial may be challenging for the prosecution to prove, according to some lawyers. Tamara Lich and Chris Barber are accused of mischief, obstructing police, intimidation, as well as counseling others to commit these offenses. Criminal defense lawyer Ari Goldkind explains that the mischief charges are mainly related to protesters honking their horns, causing inconvenience for Ottawa residents, or parking in a way that might have disrupted daily movement. He notes that mischief is a broad term that can be applied to various situations but is not typically used in a protest like the convoy. The fact that the gathering took place in Canada’s capital city makes it even more problematic for the prosecution. According to John Carpay, president of the Justice Centre for Constitutional Freedoms (JCCF), the prosecution must prove whether the defendants destroyed or damaged property, or rendered it dangerous, useless, inoperative, or ineffective. However, arguments can be made challenging the significance of illegally parking a vehicle as a major crime. Moreover, the prosecution needs to establish criminal intent, meaning whether Tamara Lich and Chris Barber intended to cause property damage or obstruct the lawful use of property. The prosecution also needs to prove criminal intent for the counseling charges, which require demonstrating that the defendants called for people to obstruct the police. Ari Goldkind suggests that if the prosecution can prove that the defendants explicitly called on protesters to violate a court order, they would have a strong argument. However, counseling charges can still apply regardless of whether people followed the call since the defendants only need to have provided the counseling. Michael Mulligan, a defense lawyer in Victoria, indicates that counseling to mischief is not a common charge but has been seen in cases involving alleged gang members counseling to commit mischief. The intimidation charge, according to the lawyers, is weak and unlikely to hold up, as the Freedom Convoy was known for being peaceful and non-violent. Both the JCCF and Ari Goldkind believe that this prosecution is politically motivated. They cite examples, such as prosecutors not pursuing charges against protesters who toppled a statue of Queen Elizabeth II in Manitoba, to argue that the government tends to be more sympathetic to certain causes. John Carpay notes that before protests against COVID-19 mandates, he never witnessed criminal charges being brought against peaceful protesters in Canada, except in cases where there was clear property damage or violence. As a result, Carpay believes that it will be difficult for the prosecution to prove the role played by Tamara Lich and Chris Barber in the Freedom Convoy.
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