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LICH, BARBER TRIAL BREAKDOWN: Crown conducts questioning based on Ottawa residents’ feelings
By Jen Hodgson 15 hrs ago 5

The trial of Freedom Convoy organizers Tamara Lich and Chris Barber continued Friday, with Justice Heather Perkins-McVey hearing from downtown Ottawa residents regarding the protest.

Lich and Barber face charges of mischief, intimidation, obstruction and counselling to commit the same crimes not committed from the time of the Freedom Convoy in Ottawa in February 2022.

Several times Perkins-McVey interrupted the Crown’s line of questioning because it “veered into impact” and the witness testified based on feelings rather than observations.

Witnesses “may have felt a certain way that may not have been the reality,” Perkins-McVey said.

Eight witnesses are to illustrate the conditions downtown during the convoy such as horns honking, blocked roads and closed businesses that “obstructed” or “interfered” with the “enjoyment or operation of property,” Perkins-McVey said.

The judge was clear when she warned the Crown Thursday following her decision to allow the witnesses to testify — they are to be “observational” rather than “impact” witness testimonies.

Up to Friday the court had heard from five of the eight Ottawa residents, with the Crown prodding them for details on how the experience of the convoy made them feel.

The first witness, Sarah Gawman, who appeared in court Thursday, had to leave the room three times because the Crown attorney kept asking her how she felt rather than focusing on observations.

“You had mentioned a couple of times throughout your evidence you did not feel comfortable, why did you feel this way?” the Crown asked the witness. The judge asked the witness to leave the room.

“How she felt goes to impact," defence counsel Diane Magas said.

“How she felt does not impede use of property, Criminal Code 430 (1) (c) (d),” the judge said, as per The Democracy Fund’s tweet from the courtroom.

“This is a question that demonstrates impact, we’ve heard about her objections and I would object to the question,” defence counsel Lawrence Greenspon said.

“[Your testimony] is veering into impact,” Perkins-McVery said. “Change the question.”

Gawman said in her testimony there were “lots of transport trucks, trucks as far as the eye could see,” and that she encountered truckers standing on the corner waving their fists in the air.

She was told “less than five” times to take off her mask, she said. Other than that, she had no interaction with protestors — and she confirmed to the court she had never met Tamara Lich.

Gawman said the honking slowed from “24 hours” to “intermittent” after an injunction was put in place.

The second witness was Vivian Lire, who does administrative work at a downtown Presbyterian church.

Lire complained protestors were honking horns, she could smell fuel and people were “urinating and defecating on the property where we have a garden.”

“Well, no garden in January or February,” Perkins-McVey said.

“The garbage, the garbage that was all over there. I won’t put up with that. It was shocking this is a sanctuary and they were blaring Led Zeppelin,” Lire said.

“And they were [swearing] and they were rude.”

Lire also said the church was unable to hold committee meetings — to which the judge questioned if they were not held on Zoom. Lire said “no.”

“How much money was refunded?” the Crown attorney asked.

“This is into financial impact,” said Greenspon.

“That’s the third category of victim impact statement,” agreed the judge.

Witness Stephane Bellfoy, who testified Thursday and Friday and was only “temporarily” living in downtown Ottawa at the time of the convoy, said he was delayed over an hour getting to work each day, and was often late getting his kids to hockey.

Due to pandemic-era rules, minor hockey players were asked to arrive at the arena in their gear. Bellfoy had to park 1.5 kilometres away one day and his son had to walk to the arena wearing his skates.

Bellfoy testified he was mocked at least 10 times for wearing a mask.

He said he could “hear truck horns,” which he said went from “constant” to “very sporadic”

After the injunction, “engines [idling],” and “noisy people singing and celebrating on the streets” at “all hours.” He said he could smell “gas and diesel, the odour of illegal drugs.”

“What illegal drugs could you smell?” the judge asked.

“Marijuana,” Bellfoy replied.

“Last I checked that was legal,” Perkins-McVey said.

The fourth witness, Chantal Biro, who runs an upscale women’s clothing store downtown, testified Friday.

She said she smelled “gas, cigarettes, weed, gasoline and fumes, and exhausts.” She saw “megaphones, trucks, upside down flags, ‘F Trudeau’ flags” and was called an obscene name (fg c**t) for wearing a mask.

“Was it Tamara Lich?” asked defence counsel.

“No, it wasn’t. It was another woman,” said Biro.

Friday’s final witness, Natalie Huneault, who works in Ottawa transportation at OC Transpo, said the convoy interfered with the city’s “regular pattern.”

Greenspon asked her if it was a “police decision” to barricade the roads and interfere with bus and LRT routes.

“Well it was because of the trucks,” Huneault replied.

“No, my question is [whether] the police made the decision,” Greenspon said.

“Well I don’t know,” she said.

“Did you say to Detective Benson (who testified earlier in the trial) in his investigation, and I quote ‘I did not make those decisions. It was Ottawa police’”?

The witness was silent until Greenspon spoke again. “So it was the Ottawa police?”

“Yes,” the witness said.

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