Tamara Leach admitted in court on Thursday that accepting an award for organizing the Freedom Convoy “is related” to the convoy, but testified that she did not believe she had violated the bail condition so as not to support anything related to the protest. occupied some streets in central Ottawa for weeks.
She made the comments on the first day of her second bail hearing in the Ottawa Supreme Court, a proceeding filled with tense, dramatic conversations between Crown Prosecutor Moiz Karimji and Judge Kevin Phillips.
Lich, co-accused with convoy organizer Chris Barber, is charged with mischief, mischief advice, obstruction of police, advising on obstructing police, advising on intimidation and intimidation by blocking and obstructing one or more highways in connection with the protest. .
She was released on bail on March 7, bound by an order from another Supreme Court judge not to “orally, in writing, financially or in any other way support anything related to the convoy of freedom” and to stand outside Ontario , among other conditions.
Leach sent an email saying he would be honored to accept
During an interrogation by lawyer Lawrence Greenspon on Thursday, Leach testified via a video link to Zoom in Alberta that he wanted her terms on bail changed to allow her to visit Ottawa. The reasons are subject to a ban on publication in court and cannot be disclosed.
She also testified that she “would like to” attend an event in Toronto in June to receive the Freedom Award, “but I will not violate my release to do so.”
On March 28, a charity called the Center for Justice for Constitutional Freedoms sent an email to Leach to inform it that it had been selected for the 2022 George Jonas Freedom Prize, she told the court.
The e-mail she read aloud said the honor was given “in recognition of your leadership role in the Freedom Convoy.”
Tamara Leach received an award from the Justice Center for Constitutional Freedoms for her work to help organize the Freedom Convoy protest, which occupied some streets in downtown Ottawa weeks earlier this year. (jccf.ca)
The award announcement on the centre’s website said Leach “took the initiative to help organize a peaceful protest and serve as one of its leaders.” The peaceful protest in Ottawa has aroused many Canadians about the injustices of Charter-blocking violators and mandatory vaccination policies.
It also says that she “suffered for the cause of freedom by spending 18 days unjustly in prison, and is an example of courage, determination and perseverance.”
The day after receiving the email, Leach sent an email back saying it was “an honor” to accept. She did not ask if it would be okay, she testified during a cross-examination by Karimji.
Asked if she supported anything related to the convoy by accepting the award, Leach said: “I guess so. I suppose so.
“I do not think this is a violation. “I don’t think that’s the recognition … I feel that the recognition is to inspire Canadians to hold the government accountable for the rule of law and to defend their rights under the Charter,” she continued.
“I guess it’s because of what happened,” she added.
Crown asks the judge to withdraw
Just before a 15-minute late afternoon break, Phillips told the court that Karimji’s decency surprised him and asked Karimji to “consider it.”
When the court reunited, Karimji said he was just “doing his job” and began listing some of his problems with the judge’s remarks and decisions, including that Phillips had previously refused to allow an email informing Leach of her award to be sent to court.
Phillips interrupted. “I’m not interested in a dispute,” the judge told Crown. “Continue with your cross-examination.”
“No, I’m not arguing with you,” Karimji began.
“I don’t want to deal with this,” Phillips interrupted again. “Continue with your cross-examination. I don’t want to hear from you. I want you to cross-examine the cross-witness. Please continue.”
“Your Honor, I must honestly consider whether I should apply for an improper trial, given the comments in your honor,” Karimji replied.
“Please cross-examine the witness, Mr. Karimji,” Phillips said.
“No, your honor, this is more than that,” Karimji replied. “… This is an important case … When I encounter things that I consider inappropriate, I will not remain silent.”
“Do you have a question for the witness?” Phillips asked after a long pause.
“I beg your honor to withdraw,” Karimji replied.
“This request has been rejected. Continue with your cross-examination, “Phillips said, and Karimji immediately continued to question Leach.
From the very beginning, go to a rocky start
Production began hours earlier.
The crown was expected to say Leach should be returned to prison for allegedly continuing to support the freedom convoy, and Leach’s defense team was expected to fight the release condition on bail out of social media.
However, the Crown instead asked the judge to rule on whether a Supreme Court judge had the power to respond to alleged errors in the law by other Supreme Court judges.
Karimji claims that Phillips can only cope with arguments for significant changes in circumstances. The decision on the errors in the law of a fellow judge may lead to the lawyer asking for a review of the bail after the bail has been reviewed until the judge gives them a positive decision, Karimji told the court.
After a 20-minute break, Phillips rejected the Crown’s argument, opening allegations of alleged errors in the law, as well as significant changes in circumstances. Until then, it was “unfortunately” 12:30 pm and the hearing of the evidence had not yet begun, Phillips told the court.
The judge said it was not his job to determine the conditions violated by Leach
The first and only witness to the Crown was a sergeant in the Ottawa Police. Mahad Hassan, coordinator of the case. (Det. Chris Benson is the lead investigator, but he was busy testifying in a murder case, he heard in court.)
Hassan says he believes more expensive VIP tickets to the Toronto Freedom Awards will give those ticket holders a “chance to meet the VIPs featured in the brochures” – in this case, Leach and columnist Rex. Murphy.
During the cross-examination by Greenspon, Hassan admitted that there was no mention that Leach would be present.
As Karimji led Hassan’s main piece of evidence, Phillips shuddered at the idea that he might be asked to decide if Leach had violated her bail conditions instead of the police.
“This is a task I’m not familiar with. I’m not usually a release police officer … Are you trying to put me in a position to find a breakthrough here, to declare that she has broken the law?” Phillips asked.
Karimji replied that he had the right to present evidence proving that Leach had violated the conditions for his release, citing the Penal Code.
Lich was arrested in February
Leach was arrested on February 17 and was initially charged with advising him to commit mischief shortly before a major police operation freed protesters and vehicles from the streets of Ottawa.
She was initially denied bail by Ontario Judge Julie Bourgeois, who told the court she found Leach protected and “almost obstructive” at times, and who was not convinced Leach would go home, stay home and stop his alleged advice. .
Leach and her then-lawyer Diane Magas appealed Bourgeois’ decision, which led to her first bail review in higher court in early March.
Tamara Leach appeared at her earlier bail review hearing on March 7, 2022, while Judge John Johnston observed. (Alexandra Newbold / Canadian Press)
Supreme Court Justice John Johnston ruled in favor of Leach after the one-day trial, saying she was a “valuable employee” in Alberta and lived a crime-free life, and that the risk in Ottawa was kept to a minimum after police cleared the streets. .
Leach was released after spending about 18 days in custody at the Ottawa-Carlton Detention Center. Other conditions of release on bail include her leaving Ottawa within 24 hours, refraining from using social media and not contacting certain co-organizers.
A bail for Lich – which cannot be identified due to a ban on publication ordered by the court – placed a $ 20,000 cash bond, while Lich itself posted an additional $ 5,000 in cash.
Examination of Leach’s bail continues on Friday morning.
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