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Convoy leaders’ trial will settle criminal question — but debates will rage on

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When the highly anticipated trial of Tamara Lich and Chris Barber finally gets underway this week, there likely won’t be much arguing about what happened or what roles the two infamous figures played during the 2022 “Freedom Convoy” protests in Ottawa.

That winter, the two led thousands of trucks and other vehicles to the capital. They rallied the protesters, and told them to “hold the line” when police tried to break up the honking crowds. They also raised millions of dollars for the movement.

Through every turn, Lich and Barber stood as leaders — documenting themselves in a barrage of selfies, livestreams and social media posts. Lich even published a book in April about her experience.

These facts won’t be disputed.

What will be, however, is whether what they did was criminal. The legal consequences of this trial’s outcome will be the stuff of many disputes to come — both on the national political stage and in smaller gatherings between friends and family.

Guilty or not, the judge’s decision will almost certainly divide public opinion.

Lich’s supporters waved Canadian flags outside the city’s courthouse in July 2022 and protested the fact she was in custody. (David Richard/CBC)

Charges of mischief, obstructing police

Lich, from Medicine Hat, Alta., has spent the days ahead of her trial relaxing with friends and supporters in a cottage in western Quebec — apt, considering the criminal accusations against her might be seen as no big deal.

In one sense, this is true.

The charges against Lich and Barber include mischief, obstructing police, counselling others to commit mischief and intimidation — mostly misdemeanors in another judicial setting, and certainly not the kind of court matter that would normally captivate an international audience.

Still, jail time is a possibility, and at an earlier bail hearing Crown lawyers suggested a finding of guilt could lead to a sentence of up to ten years behind bars.

Lich smiles as she stands with her lawyer Lawrence Greenspon after being released from jail in July 2022. (Adrian Wyld/The Canadian Press)

The legal ramifications may not end there. A slow-moving, $300-million lawsuit launched by Ottawa residents against Lich, Barber and others involved in the convoy looms over the group.

Lich, who will turn 51 during her trial, has already spent 49 days in jail spread across two stints: the first when she was initially arrested, then again after she was picked up on a Canada-wide warrant for violating her bail conditions.

That came about after she attended a gala last year in Toronto honouring her actions.

Barber, a 48-year-old trucker, was released shortly after his arrest and returned to his home in Swift Current, Sask.

Lich appears in front of a judge for a bail hearing on Feb. 19, 2022. (Lauren Foster-MacLeod/CBC)

‘Mayhem’ expected at Ottawa courthouse

A sizable crowd is expected to gather outside the Ottawa courthouse starting Tuesday, and staff are preparing for the courtroom to be full.

Melissa McKee, co-pastor at the Capital City Biker’s Church, which became a hub during the convoy, said she’s expecting “mayhem” on the first day of the trial.

McKee has continued to support adjacent movements. She’s also regularly attended court proceedings to support lesser-known individuals arrested after the federal government invoked the Emergencies Act to clear out the convoy.

While those courtrooms were often empty, McKee expects Tuesday will be different.

“I don’t think that’s going to be the case for Chris and Tamara,” she said. “I think it’s going to bring as many people out that can make it. And I think that there will be protesters as well.”

Melissa McKee is co-pastor at the Capital City Biker’s Church, which became a hub for protesters during the multi-week demonstrations. (CBC)

A friend of both Barber and Lich, McKee says the two co-accused are feeling optimistic ahead of their trial.

They’re expected to have the support of not only those who participated in the convoy, but also the backing of various libertarian and civil liberties groups — some of which are raising money for the defence team.

Trial of the convoy?

Superior Court Justice Andrew Goodman has called the Crown’s case “very broad” and noted the offences against Lich and Barber can be charged in many different ways, with several paths to a conviction.

But Ontario Court Justice Heather Perkins-McVey, who is overseeing the matter, is committed to not allow the focus to be lost to fanfare or scorn.

The trial is expected to sit for at least 16 non-consecutive days. Barring any delays, it will likely wrap in October.

The lawyers for Lich and Barber are countering any narrative suggesting the trial is a proxy trial for the convoy in general.

“We do not expect this to be the trial of the Freedom Convoy. The central issue will be whether the actions of two of the organizers of a peaceful protest should warrant criminal sanction,” reads a joint statement from Lawrence Greenspon and Diane Magas, who are representing Lich and Barber, respectively.

A protester walks through an encampment near Parliament Hill shortly before being arrested in February 2022. (Evan Mitsui/CBC)

The Crown will likely focus more on the ways in which the two allegedly broke the law.

It’ll fall on the prosecution team to try and prove Lich and Barber played a role in creating the incessant honking that accompanied the convoy’s arrival in Ottawa. They’ll also have to make the case that, as leaders, Lich and Barber raised illegal money to fuel an illegal unrest, ignored police orders and refused the leave even after the government invoked the Emergencies Act.

Some of these arguments have already been made and won at the Public Order Emergency Commission last November — specifically that when law enforcement told protesters to leave, they didn’t.

Lich and Greenspon attend last November’s Public Order Emergency Commission in Ottawa. (Sean Kilpatrick/The Canadian Press)

Convoy supporters doubt justice system

McKee said she’s anxious about the trial, but also optimistic.

The pastor said she believes convoy leaders are being made out to be “sacrificial lambs” in a justice system she feels is failing Canadians.

“Even if you don’t like these people, and you’re against the Freedom Convoy, the precedent that’s being set for all Canadians, that should be something that we’re all paying attention to,” she said.

Danny Bulford, a former RCMP officer who quit the force during the COVID-19 pandemic and became a spokesperson for the convoy during its stay in Ottawa, says Barber and Lich have become catch-all targets for those who oppose what the protesters represented.

“I don’t know what grounds ever existed to pursue criminal charges against Chris and Tamara,” said Bulford, who was arrested himself but released shortly after and isn’t expected to face further prosecution.

“I know. I tried my very best to operate within the confines of the law.”

Danny Bulford is a former RCMP officer who was on the prime minister’s security detail and quit after refusing to get vaccinated for COVID-19. He says Barber and Lich have become catch-all targets for those who opposed the protests. (CBC)

An exoneration of Lich and Barber in the judge-alone trial will likely be viewed by their supporters as a clear win for the entire entourage of truckers and protesters who occupied the streets of Ottawa for nearly four weeks.

“It seems like what rules the most right now is the court of public opinion,” said Bulford. “I think a lot of government policy is formulated that way. I think the police and the courts conduct themselves based on what they see as the popular public opinion.”

Bulford worries a guilty decision will lead to a deeper divide among Canadians, and a “much deeper mistrust of the current existing legal system from the people that already feel disenfranchised, that supported the convoy.”

“If we have a favourable outcome from the trial, I think that will help recover some of that mistrust.”

 

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B.C. Conservatives promise to end stumpage fees, review fire management if elected

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VANDERHOOF, B.C. – British Columbia Conservatives are promising changes they say will bring more stability to the province’s struggling forest industry.

Leader John Rustad announced his plan for the sector a week before the official launch of the provincial election campaign, saying a Conservative government would do away with stumpage fees paid when timber is harvested and instead put a tax on the final products that are produced.

Rustad said Saturday that under a provincial Conservative government, a small fee may be charged upfront, but the bulk would come at the end of the process, depending on what type of product is created.

He also promised to review how wildfires are managed, as well as streamline the permit process and review what he calls the province’s “uncompetitive cost structure.”

“British Columbia is by far the highest cost producers of any jurisdiction in North America. We need to be able to drive down those costs, so that our forest sector can actually be able to do the reinvestment, to be able to create the jobs and make sure that they’re still there to be able to support our communities,” he said.

The governing New Democrats meanwhile, say eliminating stumpage fees would inflame the softwood lumber dispute with the United States and hurt forestry workers.

In a statement issued by the NDP, Andrew Mercier, the party’s candidate in Langley-Willowbrook, said Rustad failed to support the industry when he was in government under the former BC Liberals.

“Not only will Rustad’s old thinking and recycled ideas fail to deliver, his proposal to eliminate stumpage would inflame the softwood lumber dispute — punishing forestry workers and communities,” Mercier said, accusing Rustad of ignoring the complexity of the challenges facing the industry.

The softwood lumber dispute between the U.S. and Canada stretches back decades. In August, the U.S. Department of Commerce nearly doubled duties on softwood lumber.

International Trade Minister Mary Ng has said Canada has taken steps to launch two legal challenges under the Canada-United States-Mexico Agreement.

Rustad said a provincial Conservative government would push hard to get a deal with the United States over the ongoing dispute “whether it’s with the rest of Canada or by itself.”

He said his party’s proposed changes are in the name of bringing “stability” and “hope” to the industry that has seen multiple closures of mills in rural communities over the last several years.

Most recently, Canfor Corp. decided to shutter two northern British Columbia sawmills earlier this month, leaving hundreds of workers unemployed by the end of the year.

According to the United Steelworkers union, Canfor has closed 10 mills in the province since November 2011, including nine in northern B.C.

Jeff Bromley, chair of the United Steelworkers wood council, said Saturday the idea of changes in favour of taxing the final product has been floated in the past.

He said the finer details of the Conservative plan will be important, but that the system needs to be improved and “new ideas are certainly something I’d be willing to entertain.”

“Something needs to happen, or the industry is just going to bleed and wither away and be a shadow of its former self,” Bromley said.

“Politics aside, if (Rustad) can come up with a policy that enables my members to work, then I would be supportive of that. But then I’m supportive of any government that would come up with policies and fibre for our mills to run. Period.”

When Canfor announced its latest closures, Forests Minister Bruce Ralston said the sector was a “foundational part” of the province and the current NDP government would work to support both local jobs and wood manufacturing operations.

This report by The Canadian Press was first published Sept. 14, 2024

The Canadian Press. All rights reserved.



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Christian McCaffrey is placed on injured reserve for the 49ers and will miss at least 4 more games

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SANTA CLARA, Calif. (AP) — The San Francisco 49ers placed All-Pro running back Christian McCaffrey on injured reserve because of his lingering calf and Achilles tendon injuries.

The move made Saturday means McCaffrey will miss at least four more games after already sitting out the season opener. He is eligible to return for a Thursday night game in Seattle on Oct. 10.

McCaffrey got hurt early in training camp and missed four weeks of practice before returning to the field on a limited basis last week. He was a late scratch for the opener on Monday night against the Jets and now is sidelined again after experiencing pain following practice on Thursday.

McCaffrey led the NFL last season with 2,023 yards from scrimmage and was tied for the league lead with 21 touchdowns, winning AP Offensive Player of the Year.

The Niners made up for McCaffrey’s absence thanks to a strong performance from backup Jordan Mason, who had 28 carries for 147 yards and a touchdown in San Francisco’s 32-19 victory over the New York Jets. Mason is set to start again Sunday at Minnesota.

After missing 23 games because of injuries in his final two full seasons with Carolina, McCaffrey had been healthy the past two seasons.

He missed only one game combined in 2022-23 — a meaningless Week 18 game last season for San Francisco when he had a sore calf. His 798 combined touches from scrimmage in the regular season and playoffs were the third most for any player in a two-year span in the past 10 years.

Now San Francisco will likely rely heavily on Mason, a former undrafted free agent out of Georgia Tech who had 83 carries his first two seasons. He had at least 10 touches just twice before the season opener, when his 28 carries were the most by a 49ers player in a regular-season game since Frank Gore had 31 against Seattle on Oct. 30, 2011.

The Niners also have fourth-round rookie Isaac Guerendo and Patrick Taylor Jr. on the active roster. Guerendo played three offensive snaps with no touches in the opener. Taylor had 65 carries for Green Bay from 2021-23.

San Francisco also elevated safety Tracy Walker III from the practice squad for Sunday’s game against Minnesota.

___

AP NFL:

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Canada’s Newman, Arop secure third-place finishes at Diamond League track event

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BRUSSELS – Canada walked away with some hardware at the Diamond League track and field competition Saturday.

Alysha Newman finished third in women’s pole vault, while Marco Arop did the same in the men’s 800-metre race.

Newman won a bronze medal in her event at the recent Paris Olympics. Arop grabbed silver at the same distance in France last month.

Australia’s Nina Kennedy, who captured gold at the Summer Games, again finished atop the podium. Sandi Morris of the United States was second.

Newman set a national record when she secured Canada’s first-ever pole vault medal with a bronze at the Olympics with a height of 4.85 metres. The 30-year-old from London, Ont., cleared 4.80 metres in her second attempt Saturday, but was unable conquer 4.88 metres on three attempts.

Arop, a 25-year-old from Edmonton, finished the men’s 800 metres with a time of one minute 43.25 seconds. Olympic gold medallist Emmanuel Wanyonyi of Kenya was first with a time of 1:42.70.

Djamel Sedjati, edged out by Arop for silver in Paris last month, was second 1:42.87

This report by The Canadian Press was first published Sept. 14, 2024.

The Canadian Press. All rights reserved.



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