Thread by @jaycurrie

Looks like the Lich/Barber trial is turning into a Crown induced shitshow. Basically, from what I can make out, the Crown wants to rely upon evidence it has not previously disclosed to the defence. Which is very much not how it is done. 1/

https://twitter.com/TDF_Can/status/1700156953148715133

If the Crown neglected to disclose a single, minor, piece of evidence it would be improper but likely not fatal; but it appears that the Crown wants to get in reams of material which the defence was given no notice of or disclosure. 2/

The legal implications of this sandbagging will play out in Court and in the Court of Appeals; but what it strongly suggests to me is that the Crown was woefully unprepared for this trial. Indeed, the last day's video compilation suggests that as well. 3/

The question is why? And the answer is, I suspect, that the Crown, after a year of trawling through videos, text messages, emails and talking to witnesses has not been able to come up with actual evidence to support its charges. 4/

Now, in normal course, where a professional Crown cannot muster evidence to prove the charges brought, Crown withdraws the charges. But Lich/Barber represents the whole "convoy was insurrection" narrative so there would have been huge resistance to doing the right thing. 5/

I almost feel sorry for the Crown in the circumstances. Going to trial knowing you lack the evidence to sustain the charges is deeply unethical but it is also a formula for creating an "unhappy" judge. 6/

Throwing an evidentiary Hail Mary this early in the trial tells me that the Crown is flailing even before a defence has been mounted. It also tells me that the Crown was under tremendous pressure to bring a very shaky case to trial. 7/

Political trails have political implications. The POEC made it very clear the Convoy was non-violent and posed no threat to the Canadian gov't. The Libs did not like that. They will like the likely collapse of the Lich/Barber trial even less. Good! 8/8