Glen McGregor Profile picture
Mar 2 56 tweets 7 min read
Tamara Lich's bail review hearing begins shortly. The court has left the Zoom text chat open and, unsurprisingly, it is filled with messages expressing support or opposing her release. (This is akin to commenting from the gallery in courtroom and would not be tolerated.)
Annnnnnnd.... that got shut down. Chat closed. Holding hearings by Zoom is still a learning process for court clerks.
And the court has to restart the Zoom meeting because it was over capacity and one lawyer and a proposed surety was unable to join. (Same problem as last time.)
Previous Zoom issues: lawyers locked out because meeting over capacity; someone shouting a racial slur into a live mic; someone live streaming a hearing on Facebook.
The court has relaunched the Zoom three times now, and each time, the chat fills up with messages from Tamara Lich supporters. Apparently, the panelists -- judge, court clerks, lawyers -- are being frozen out. Bizarre the court hasn't found a way around this.
If it keeps going like this much longer, we're looking at a rock-solid Jordan situation.
Okay, looks like we are back. I haven't caught the judge's name but he's on the bench. Diane Magas for Lich; Moiz Karimjee for the Crown.
Tamara Lich is brought in to the court. She's wearing a white mask, grey sweater or sweatshirt.
Magas is a seeking a publication ban on the name of one witness who will testify, the proposed surety, but not a pub ban on her evidence, and no broader pub ban. Crown consents.
We can report that the new proposed surety is a relative of Tamara Lich (not her husband Dwayne Lich), but noting else that might identify her.
(The judge presiding is the Honourable John M. Johnston.)
Tamara Lich is brought to the witness stand. Her lawyer asks the handcuffs be removed. This will require bringing up another officer to the court. So we'll wait a moment. Crown is content with removing the shackles.
The judge lays out today's schedule. A morning break at some point, lunch at 1 pm, back at 2 pm and will likely go all day. Judge also isn't loving all the Plexiglas around the courtroom, as it makes it harder to hear.
Now unshackled, Lich is sworn-in. On direct examination, Magas wants her to adopt her affidavit. LIch says appearing in court is "a little nerve-racking."
And now Crown on cross-examination of Lich. Moiz Karimjee asking about her previous testimony about driving from Alberta to Ottawa with Chris Barber, who she agrees was also arrested.
Lich says she didn't know about Barber's release on bail initially as she didn't have use of her phone for a couple of days, but she became aware he was out of custody. And it was the same judge who presided over her bail hearing.
In her affidavit, Lich noted Justice Bourgeois had in 2011 been a candidate for the Liberal Party of Canada and has been praised in a video by Justin Trudeau. (She would have raised this at her original hearing, is the implication.)
Crown: "You are implying in that statement Justice Bourgeois is biased against you." Lich: "Well, with the rhetoric from the leader of the Liberal Party... I would have felt uncomfortable."
Crown pointing out same judge released Chris Barber, someone she drove to Ottawa with, was released from custody the day before her bail hearing.
Lich says she and Barber were not charged with the same things, different cases.
Crown says Barber also had concerns with the office of Justin Trudeau. Lich agrees. Crown says she's not being truthful saying she would have asked for a recusal of J. Bourgeois had she known prior to the hearing.
Lich maintains she would not have been comfortable had she known J. Bourgeois had been a Liberal candidate in 2011.
Crown turning to Lich's discussion in her affidavit of her husband's evidence, "he was very nervous... answering too quickly without thinking."
Crown notes Dwayne Lich didn't fly to Ottawa on a private jet but on a charted plane. Lich says the plane was chartered to bring JCFF lawyers to Ottawa from Alberta to Sask.
Correction: That's the JCCF -- the Justice Centre for Constitutional Freedoms, Keith Wilson's group. So they chartered a plane to Ottawa that Dwayne Lich travelled on. It wasn't a private jet.
Crown asking about Dwayne's evidence that he was basically eating apples and oranges, "basically starving" (per Crown). In fact, Lich says, there was a continental breakfast at the hotel.
"It was his first time in court. He was nervous, maybe," Lich explains of Dwayne's testimony.
Crown puts it to Lich that Dwayne gave evidence he was eating only apples, oranges and bananas. Magas intervenes, notes that Dwayne said he was spening about $7 daily on food while in Ottawa.
Lich says her monthly net income is just under $1500 bi-weekly. Rent is $1500 month; $313 truck payments bi-weekly for the F150, and $250 bi-weekly for the Jeep.
Then day-to-day living, utilities, car insurance, groceries phone, Lich says. Crown asks her reflect on whether she has any other debts. Oh, a $3,000 loan from a company in Medicine Hat, in late 2021 or early 2022.
Crown suggests she's being untruthful about her debts. Lich does not agree. Crown shares a document showing she had a registration of debt under her previous name Tamara Lee Dundas. Lich says it was paid off two or three years ago.
Lich says this was through an organization called Money Mentors, to pay off her debts. Dates back to 2013. Also lists her name previously as Tamara Lee McBurney.
(This document was a registration of personal property from Alberta.)
Crown turns to Lich affidavit and her identifying as Metis, says her adoptive parents encouraged her to explore that side of her background and spirituality. Crown says this has nothing to do with the offences.
Magas intervenes, says there are two clan mothers who are present in the court gallery to support her, but they are not part of the bail plan.
Lich allows that there is no elder in the community who is going to act as surety or supervise her release.
Crown now turns to the relative who is the proposed surety (who we cannot identify), Lich says she is close to this relative, last spoke with three days ago.
Lich agrees she kept the relative/proposed surety apprised of what she was doing while in Ottawa.
Crown turns to Lich's employer, started work in Nov. 29, 2021. Lich says she came to Ottawa on vacation time but has now been placed on an indefinite leave. Was in regular communication with her manager.
Lich agrees there was no specific return-to-work date, but would advise manager when she would come back. It was a week-to-week thing. Wasn't sure how long she would be in Ottawa.
Crown suggests she's not being truthful about this, wanted to return to Alberta to see her family. Lich says she wanted to get back job she loved, and to see her children, stepchildren and grandchildren. Not planning to stay indefinitely.
[Court taking a 15 minute break.]
Correction: Lich's ankles were shackled before she took the stand. She was not handcuffed, as I tweeted.
Meanwhile: I don't know is this is a grift but someone is advertising a live stream of Tamara Lich hearing, which would be a violation of court rules.
Crown notes Lich's bail plan does not include supervision of her social media use in support of the Freedom Convoy. Lich says she doesn't think her proposed surety is a supporter of the convoy.
Crown turns back to Lich's affidavit, wherein she says she was sincere and truthful about intending to follow any conditions of release. He says she was being evasive. She denies this.
Crown Karimjee asks Lich about testimony at bail hearing that she hadn't had opportunity to explore options for returning to Alberta were she released.
Some confusion about whether the alleged evasion was about how Lich got to Ottawa vs how she was "transported" to the court. Lich says she was momentarily confused by the question.
Crown says Lich initially proposed her daughter as a surety in addition to the relative who is now the proposed surety. Lich says she doesn't know if her daughter was a supporter of the protests. Magas thinks this line of questioning is out of bounds as sol-client privilege.
Karimjee says he doesn't think it applies but concedes this is a minor point. Judge says it is is privileged. Back to support for convoy, Lich says she imagines her daughter likely leans against it.
Lich says she assumes her manager is a supporter of the convoy, says it's not her place to speak for him, but "I think he supports the convoy." She says she wants to get back to her job.
Lich says she doesn't know if her proposed surety supports the convoy. "She supports me." Crown accuses her of being evasive, notes she testified they are close and in frequent contact.
The proposed surety is "very level headed, very open minded. She came out to support me," Lich says of proposed surety (who, I remind you, we cannot identify other than to say it's a relative).
Back to the jet. Lich agrees it was a private chartered flight, with lawyers from JCCF, along with her husband an accountant.
Lich says she doesn't believe there was a vaccination requirement on the flight but isn't certain. Did not know if its was an option to return. Lich says "Joe" paid for her husband's portion of the flight and other organization paid for the others.
Lich says it hadn't occurred to her to ask Joseph to fly them back to Medicine Hat if released. "That's a big ask." She says they have a ride arranged to drive back tomorrow.

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More from @glen_mcgregor

Mar 2
Again, Magas says she will rely on the witness's affidavit, so back to Crown Karimjee for cross. Surety agrees aware Ottawa/Ontario states of emergency, warnings from police against protest.
Surety testifies was also aware of injunction against horn noise, and of Lich's video statements indicating people should "hold the line."
Surety agrees was also aware Lich was involved in fundraising for the convoy, and that Lich said "hold the line" when she was arrested.
Read 80 tweets
Feb 28
A Mareva hearing in potential class-action lawsuit over the Ottawa protests is about to begin, concerning plaintiff's request to freeze donations to Freedom Convoy 2022 and others, that is: to keep the cash and crypto from being dispersed before the case is heard.
Presiding: Justice Calum MacLeod.
For plaintiffs: Monique Jilesen and Paul Champ.
For (some of the) respondents: Norman Groot.
For the Ontario attorney general: Melissa Adams.
For the TD Bank: Geoff Hall and Leah Ostler.
Proposed escrow agent: Bobby Kofman.
It appears that protest organizer Pat King (currently in custody at OCDC) is not represented at the hearing. Groot is representing the named defendants on behalf of Keith Wilson.
Read 19 tweets
Feb 28
There will be a Mareva hearing tomorrow at 10 am in the potential class-action lawsuit over Ottawa protest (Li et. al v. Barber et. al.) regarding the temporary injunction freezing defendants’ crypto and other assets. (I’m off tomorrow but will live tweet cause I’m a dork.)
A temporary Mareva injunction was granted on a ex parte application. So this will test if it holds up. This is part of litigation led by Ottawa lawyer Paul Champ but the Mareva injunction is being handled by commercial litigation firm Lenczner Slaight.
Why this matters: the names plaintiffs represent a potential class that includes Ottawa residents, businesses and employees. They seek $300+ million from protest organizers, truckers and defendant classes. Freezing the cash is key so there's something to pursue in court.
Read 4 tweets
Feb 25
Afternoon session in Pat King bail case getting under way again. Justice of the Peace Andrew Seymour re-iterates warning that live streaming is an offence that could result in fines or jail time.
J. Seymour now addressing the Crown application to re-open the hearing to introduce new evidence about King's ownership of a firearm.
"These go beyond what I consider non-controversial issues," he says. But allows there is very limited case law on re-opening bail hearings, because it rarely comes up and they are heard quickly.
Read 30 tweets
Feb 25
Court is in session. Justice of the Peace Andrew Seymour to deliver a decision on protest organizer Pat King's bail application. (No, I can't share a Zoom link because the room gets overloaded.)
Enter, screen left: Pat King takes his seat in the defendant box. Same outfit. Grey sweatshirt, camo hunting jacket, blue surgical mask.
J-P Seymour says there had been a request from media to audio record the proceedings (but not for broadcast) in place of handwritten notes. Crown has no objection; neither does defence counsel Cal Rosemond. So ordered.
Read 32 tweets
Feb 22
Okay, I'm back in after multiple attempts. Crown Moiz Karimjee is continuing his cross of proposed surety Kerry Komix, asking about Facebook post in which she is listed as creator of a crypto donation platform "Tokens for Truckers."
Komix maintains she doesn't understand crypto. Karimjee says she was a partner in the fundraising, in order to avoid the government's reach on the money.
Komix says the fundraiser was to help truckers who lost work and needed money. (This was a Feb. 13 FB post advertising the crypto fundraiser.) "It was for a good thing. That's all I know," she says.
Read 46 tweets

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