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Freedom Convoy leaders’ trial attorneys attempt to get judge to budge on allowing video evidence

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From LifeSiteNews

By Anthony Murdoch

One of the leaders’ lawyers ‘contended that these videos provide context and completeness to the videos and statements of the accused tendered by the Crown.’

Day 37 of the trial for Freedom Convoy leaders Tamara Lich and Chris Barber included some “important” updates, according to their legal team, as their lawyers argued that allowing video to be entered as evidence would provide “context and completeness” into why they led the protests.

The Democracy Fund (TDF), which is crowdfunding Lich’s legal costs, noted in a daily court update regarding Thursday’s court proceedings that Diane Magas, Barber’s counsel, “continued her submission on the admissibility of statements of videos made by her client.”

“She contended that these videos provide context and completeness to the videos and statements of the accused tendered by the Crown,” the TDF said.

In response, the government suggested that extra videos as well as statements that were shown by Magas are “not necessary for an understanding of the words spoken by Mr. Barber in the videos and statements shown by the Crown.”

The trial presided over by Justice Heather Perkins-McVey has concluded for the time being, with Friday being the last scheduled court day. LifeSiteNews has covered the trial extensively since it began last year.

As of Thursday, Perkins-McVey has not ruled on allowing extra video as evidence.

On Day 36 of the Freedom Convoy leaders’ trial, their lawyers argued that video statements made by the leaders should be allowed as “evidence of the truth.”

Thus far, the government has asserted “that the absence of violence or peaceful nature of the protest didn’t make it lawful, emphasizing that the onus was on the Crown to prove the protest’s unlawfulness.”

The government has held steadfast to the notion in trying to prove that Lich and Barber somehow influenced the protesters’ actions through their words as part of a co-conspiracy. This claim has been rejected by the defense as weak.

The trial resumed for one day last week for only the second court date since the new year, with Perkins-McVey deciding to dismiss an application by the Freedom Convoy leaders that asked the court to throw out so-called conspiracy charges.

Trial could extend well into 2025

The TDF noted that during court proceedings on Thursday the defense moved to argue that the “Carter application should be ‘bifurcated’ — that is, it should be heard and ruled upon by the Court before closing submissions.”

To back the claims up, the government has been hoping to use what is called a “Carter application” to help them make their case. The government’s so-called “Carter Application” asks that the judge to consider “Barber’s statements and actions to establish the guilt of Lich, and vice versa,” TDF stated.

The TDF has said that a Carter application is very “complicated” and requires that the government prove “beyond a reasonable doubt” that there was a “conspiracy or plan in place and that Lich was a party to it based on direct evidence,” and as such, the defense is asking the judge to dismiss the application.

On Thursday, the Convoy leaders’ defense counsel said, as per the TDF, that they could not “properly prepare closing submissions without an understanding of the extent and nature of the evidence the Crown intends to use against their clients.”

To date, Perkins-McVey has not made a ruling on the Carter application.

Closing off the court day on Thursday, the court asked the defense if they were ready to make an “election” and they said they will not be submitting additional evidence.

“Thus, the evidentiary portion of the trial is complete, and it remains for the parties to argue outstanding issues and then proceed to closing submissions,” the TDF said.

Closing submissions are not expected to happen until August, which the TDF predicted could extend into 2025.

Lich and Barber are facing multiple charges from the 2022 protests, including mischief, counseling mischief, counseling intimidation and obstructing police for taking part in and organizing the anti-mandate Freedom Convoy. As reported by LifeSiteNews at the time, despite the non-violent nature of the protest and the charges, Lich was jailed for weeks before she was granted bail.

Besides the ongoing trial, Lich and Barber and a host of others recently filed a $2 million lawsuit against the Trudeau government for its use of the Emergencies Act (EA) to quash the Freedom Convoy in 2022.

In early 2022, thousands of Canadians from coast to coast came to Ottawa to demand an end to COVID mandates in all forms. Despite the peaceful nature of the protest, Prime Minister Justin Trudeau’s government enacted the Emergencies Act on February 14.

During the clear-out of protesters after the EA was put in place, an elderly lady was trampled by a police horse and one conservative female reporter was beaten by police and shot with a tear gas canister.

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Crown seeks to punish peaceful protestor Chris Barber by confiscating his family work truck “Big Red”

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Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms announces that the Ontario Court of Justice will hold a hearing at 10:00 a.m. ET on Wednesday, November 26 at 161 Elgin Street, Ottawa, regarding the Crown’s attempt to permanently seize “Big Red,” the 2004 Kenworth long-haul truck relied upon by peaceful Freedom Convoy protestor Chris Barber and his family trucking business.

Constitutional lawyer Diane Magas, who represents Mr. Barber, is opposing the forfeiture.

“The impact of the forfeiture of ‘Big Red’, which is an essential part of the operation of Mr. Barber’s trucking business and is relied upon by Mr. Barber, his family as well as employees, is not what Parliament had in mind when enacting those forfeiture provisions, especially considering the context of a political protest where the police told Mr. Barber where to park the truck and when Mr. Barber moved the truck after being asked to move it,” she said.

Mr. Barber, a Saskatchewan trucker and central figure in the peaceful 2022 Freedom Convoy, depends on this vehicle for his livelihood. The Crown alleges that his truck constitutes “offence-related property.”

The November 26 hearing will address the Crown’s application to seize the truck and will include evidence regarding ownership and corporate title. The Court will also consider an application filed earlier this year by Mr. Barber’s family, who are asserting their rights as interested third parties and seeking to prevent the loss of the vehicle.

Mr. Barber was found guilty of mischief and counselling others to breach a court order following the peaceful Freedom Convoy protest, despite his consistent cooperation with law enforcement and reliance on legal advice during the events of early 2022. At sentencing, the Court acknowledged that he “came with the noblest of intent and did not advocate for violence,” emphasizing that Mr. Barber encouraged calm and compliance.

Mr. Barber said, “‘Big Red’ is how I put food on the table. I followed every instruction police gave me during the protest, and I never imagined the government would try to take the very truck I rely on to earn a living.”

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New report warns Ottawa’s ‘nudge’ unit erodes democracy and public trust

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Justice Centre for Constitutional Freedoms

The Justice Centre for Constitutional Freedoms has released a new report titled Manufacturing consent: Government behavioural engineering of Canadians, authored by veteran journalist and researcher Nigel Hannaford. The report warns that the federal government has embedded behavioural science tactics in its operations in order to shape Canadians’ beliefs, emotions, and behaviours—without transparency, debate, or consent.

The report details how the Impact and Innovation Unit (IIU) in Ottawa is increasingly using sophisticated behavioural psychology, such as “nudge theory,” and other message-testing tools to influence the behaviour of Canadians.

Modelled after the United Kingdom’s Behavioural Insights Team, the IIU was originally presented as an innocuous “innovation hub.” In practice, the report argues, it has become a mechanism for engineering public opinion to support government priorities.

With the arrival of Covid, the report explains, the IIU’s role expanded dramatically. Internal government documents reveal how the IIU worked alongside the Public Health Agency of Canada to test and design a national communications strategy aimed at increasing compliance with federal vaccination and other public health directives.

Among these strategies, the government tested fictitious news reports on thousands of Canadians to see how different emotional triggers would help reduce public anxiety about emerging reports of adverse events following immunization. These tactics were designed to help achieve at least 70 percent vaccination uptake, the target officials associated with reaching “herd immunity.”

IIU techniques included emotional framing—using fear, reassurance, or urgency to influence compliance with policies such as lockdowns, mask mandates, and vaccine requirements. The government also used message manipulation by emphasizing or omitting details to shape how Canadians interpreted adverse events after taking the Covid vaccine to make them appear less serious.

The report further explains that the government adopted its core vaccine message—“safe and effective”—before conclusive clinical or real-world data even existed. The government then continued promoting that message despite early reports of adverse reactions to the injections.

Government reliance on behavioural science tactics—tools designed to steer people’s emotions and decisions without open discussion—ultimately substituted genuine public debate with subtle behavioural conditioning, making these practices undemocratic. Instead of understanding the science first, the government focused primarily on persuading Canadians to accept its narrative. In response to these findings, the Justice Centre is calling for immediate safeguards to protect Canadians from covert psychological manipulation by their own government.

The report urges:

  1. Parliamentary oversight of all behavioural science uses within federal departments, ensuring elected representatives retain oversight of national policy.
  2. Public disclosure of all behavioural research conducted with taxpayer funds, creating transparency of government influence on Canadians’ beliefs and decisions.
  3. Independent ethical review of any behavioural interventions affecting public opinion or individual autonomy, ensuring accountability and informed consent.

Report author Mr. Hannaford said, “No democratic government should run psychological operations on its own citizens without oversight. If behavioural science is being used to influence public attitudes, then elected representatives—not unelected strategists—must set the boundaries.”

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