Tamara Lich bail hearing getting under way now, not 9:30 am as previously thought. Expect a decision on bail shortly. Defence has asked for $5,000; Crown want her held until trial.
Lich is the court, wearing a blue surgical mask and a black coat.
Justice Bourgeois is reading her decision on bail, summarizing the claim that Lich is one of the leaders of the protests that were also called an "occupation," supported by her comments at the press conference with Brian Peckford.
The judge recaps emergencies declared by Ontario and Ottawa and notes Lich is a respondent in a civil claim and the related injunction.
"This is a Crown onus situation," she says. Burden is on the Crown to show her detention is justified.
That is, the Crown must show there is a substantial likelihood the accused will commit an offence if released (case law: Morales).
Judge says evidence shows Lich counselled others even after her arrest. "I am satisfied your actions... had a serious impact on... well-being of the community."
Judge says she believes Lich will continue this. "I am satisfied the Crown met its onus" on this ground. "Your detention is necessary for the safety or protection of the public."
"I was not impressed or persuaded by your testimony that you are prepared to return home." Says Lich's testimony was guarded, especially with respect to her finances.
"What strikes me as more problematic is you can provide a plan to return home," Justice Bourgeois says.
Judge says she was also concerned by "limited secretive mysterious information" that some unknown person would come forward to drive her back to Alberta.
Judge also notes it appears Lich posted her interpretation of the civil lawsuit injunction, but not the court order. "I find there is a substantial likelihood you would reoffend if released into the pubic."
Judge says court is left with suspicions because of guarded testimony about her financial situation. Also says testimony of proposed surety, her husband Dwayne, was contradictory.
Dwayne's evidence about who paid for his private jet flight to Ottawa was problematic as he cannot identify person other than calling him "Joseph." Dwayne is not an appropriate surety, she says.
"I therefore order your detention in custody on the secondary ground." Now turns to the tertiary ground (to maintain confidence in justice system.)
Judge says case against Lich seems strong, particularly her remarks at press conference that encouraged mischief. "You are clearly acting an accepting the title as leader... in fact 'great leader'..."
As for the gravity of the offence, judge says Lich situation is different from Chris Barber (who did get bail with conditions).
"I can easily conclude that these offences are grave," she says of allegations against Lich. "The extent in time and footprint and impact pf the obstruction of city street" are factors, she says.
Judge notes upon conviction Lich could face lengthy imprisonment. Says Lich had plenty of time to remove herself from community but didn't and counselled others to stay, too.
[This is not going well for Tamara Lich and will surprise many court-watchers who thought she would get bail on condition she leave town.]
Judge concludes that on the tertiary ground, she also orders Lich's continued detention. So that's game, set and match, pending an appeal.
Or Lich presenting a new plan (I think?).
Sorry, misinterpreted the Benjamin Dichter thing. Lich is prohibited from communicating with him, Daniel Barber or Chris Barber while in jail, except in presence of counsel for purposes of legal proceedings.
* Daniel Bulford, that is, the head of security for the convoy and protest.
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