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A Superior Court judge overturned a lower court decision Tuesday afternoon and sent the accused leader of the “Freedom Convoy” home to Alberta
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July 26, 2022 • 2 hours ago • 3 minutes read • 13 comments ‘Freedom Convoy’ organizer Tamara Lich is hugged by supporters as she leaves court after being released from prison on Tuesday, July 26 2022 in Ottawa. Photo by Adrian Wyld/The Canadian Press
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Tamara Lich is back on bail after a Superior Court judge overturned a lower court decision Tuesday afternoon and sent the accused leader of the “Freedom Convoy” home to Alberta, giving a swift conclusion on his second successful bail review.
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Lich, 49, greeted supporters in the courtroom before signing his latest release order, which contains many of the same conditions as his previous release, but with new language clarifying some of the contested conditions .
Superior Court Judge Andrew Goodman sided with Lich and his lawyers Lawrence Greenspon and Eric Granger in his ruling on Tuesday, which came after two full days of hearings in Lich’s second bail review -and the fifth time before a judge- of his arrest and initial detention.
“Take those shackles off,” Goodman told the court security officer after telling Lich she would be released on conditions.
The judge warned Lich to abide by the conditions of his release, which include a strict order not to communicate with the other accused leaders of the “Freedom Convoy.”
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Supporters surround ‘Freedom Convoy’ organizer Tamara Lich as she leaves court after being released from prison Tuesday, July 26, 2022, in Ottawa. Photo by Adrian Wyld/The Canadian Press
That condition was amended and clarified Tuesday to allow an exception “in the presence of defense counsel or civil counsel.”
This is the second time a High Court judge has heard the Crown’s evidence against Lich in a bail review and ordered Lich’s release from prison.
Superior Court Judge John Johnston also ordered Lich’s release from prison on March 7, overturning an Ontario court decision that had initially denied Lich bail following his arrest on March 17. February.
Lich was then brought back before Superior Court Judge Kevin Phillips after the Crown alleged she breached two conditions of that release order: one when she accepted an invitation to a gala hosted by the Center of Justice for Constitutional Liberties, and another when he appeared at a social event. media release as “brand ambassador” for a trucker-themed “freedom pendant.”
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Lich was later arrested again and charged with breaching her bail conditions after attending the June 16 gala in Toronto, where she was seen exchanging brief congratulations and posing for a photo of group with fellow convoy organizer Tom Marazzo. Justice of the Peace Paul Harris revoked Lich’s bail and sent her back to jail in mid-July.
However, Goodman found several “errors of law” in that decision and said those errors were “compounded” by inflammatory statements by Harris when he suggested Lich adopted an “absolutely ridiculous” interpretation of the no- contact
Goodman conducted his own analysis of the gala’s evidence and found the gap to be “tenuous”. The experienced judge said these are issues that could be explored once the case goes to trial and not during the bail phase.
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“The judiciary must be careful not to play the role of judge or jury in the trial (during the bail phase),” Goodman said.
These matters “must be analyzed at trial, not at the bail hearing.”
Goodman also sided with the defense in contentious argument about the strength of the Crown’s case against Lich, the seriousness of the offenses and the possibility of a lengthy prison term upon conviction.
The four judges who had previously heard evidence against Lich came back with different opinions on whether he could serve significant time for the mischief, intimidation and counseling-related charges he faces.
“Two (lower court judges) felt the Crown’s case was strong,” Goodman said.
“However, two High Court colleagues have found that the strength of the Crown’s case is subject to challenge. I share that view. The Crown’s case cannot be considered that strong, although it may be persuasive in the trial”.
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Goodman said he considered it “highly unlikely” that Lich, with no criminal record and no allegations of violence, would face a potentially lengthy prison term.
Other than the exchange at the gala, there has been no evidence of any additional breaches in the four months since his arrest, Goodman said, as he expressed confidence in Lich’s court-approved bond.
Lich spent a cumulative 49 days in jail at the Ottawa-Carleton Detention Center since his initial arrest, and Goodman agreed Tuesday with Greenspon’s arguments that Lich could have spent more time in pretrial detention “as presumptively innocent person” of what he would have done. if convicted and sentenced at trial.