‘Take these shackles off’: Tamara Lich launched on bail, once more

Tamara Lich has as soon as once more been launched on bail after a Superior Court docket decide overturned a decrease courtroom choice Tuesday afternoon and despatched the accused “Freedom Convoy” chief residence to Alberta, bringing a swift conclusion to her second profitable bail evaluate.

Lich, 49, waved to supporters within the courtroom earlier than signing her newest launch order, which comprises most of the identical situations of her prior launch, however with new clarifying language round a number of the contested situations.

Superior Court docket Justice Andrew Goodman sided with Lich and her legal professionals Lawrence Greenspon and Eric Granger in his ruling Tuesday, which got here after two full days of hearings in Lich’s second bail evaluate — and fifth time earlier than a decide — since her arrest and preliminary detention.

“Take these shackles off,” Goodman instructed the courtroom safety officer after telling Lich she could be freed on situations.

The decide cautioned Lich to abide by the situations of her launch, which embrace a strict non-communication order with fellow accused “Freedom Convoy” leaders.

That situation was amended and clarified Tuesday to permit an exception whereas “within the presence of defence counsel or civil authorized counsel.”

That is the second time a Superior Court docket decide has heard the Crown’s proof towards Lich in a bail evaluate and ordered Lich launched from jail.

Superior Court docket Justice John Johnston additionally ordered Lich launched from jail on March 7, overturning the Ontario courtroom choice that had initially denied Lich bail following her arrest on Feb. 17.

Lich was then introduced again earlier than Superior Court docket Justice Kevin Phillips after the Crown alleged she broke two situations of that launch order — one when she accepted an invite to a gala hosted by the Justice Centre for Constitutional Freedoms, and one other when she appeared in a social media publish because the “model ambassador” for a trucker-themed “freedom pendant.”

Lich was then re-arrested and charged with breaching her bail situations after attending that June 16 gala in Toronto, the place she was seen having a quick congratulatory trade and posing for a bunch photograph with fellow convoy organizer Tom Marazzo. magistrate Paul Harris revoked Lich’s bail and despatched her again to jail in mid-July.

Goodman discovered a number of “errors of regulation” in that call, nonetheless, and mentioned these errors have been “compounded” by inflammatory statements from Harris when he steered Lich adopted an “completely ridiculous” interpretation of the non-contact order.

Goodman carried out his personal evaluation of the proof from the gala and located the breach to be “tenuous.” The seasoned decide mentioned these are issues that may very well be explored as soon as the case reaches trial fairly than in the course of the bail section.

“The Justice have to be cautious to not play the position of trial decide or jury (in the course of the bail section),” Goodman mentioned.

These issues “have to be analyzed at trial, not on the launch listening to.”

Goodman additionally sided with the defence on the contentious argument over the energy of the Crown’s case towards Lich, the gravity of the offences and the potential for a prolonged jail time period upon conviction.

The 4 judges who had beforehand heard the proof towards Lich returned with various opinions on whether or not she may serve vital time for the mischief, intimidation and associated counselling prices she faces.

“Two (lower-court judges) opined that the Crown’s case was sturdy,” Goodman mentioned.

“Nonetheless, two Superior Court docket colleagues have discovered that the energy of the Crown’s case is topic to challenges. I share that view. The Crown’s case can’t be thought-about as sturdy, though it could be persuasive at trial.”

Goodman mentioned he discovered it “extremely unlikely” that Lich, with no legal background and no allegations of violence, would face a doubtlessly prolonged time period of imprisonment.

Aside from the trade on the gala, there was no proof of any additional breaches within the 4 months since her arrest, Goodman mentioned, whereas expressing confidence in Lich’s court-approved surety.

Lich spent an gathered 49 days in custody on the Ottawa-Carleton Detention Centre since her preliminary arrest, and Goodman on Tuesday agreed with Greenspon’s arguments that Lich might have already spent extra time in pretrial custody “as a presumptively harmless particular person” than she would have served if convicted and sentenced at trial.