ON THE TRAIN BACK FROM THE CONVOY TRIAL

Update on Tamara and Chris

I am developing a codependent relationship with our justice system. What I saw in Courtroom Five in Ottawa this morning, before I hopped this train was overwhelmingly positive. Chris Barber’s lawyer Diane Magas did a great job of batting away the Crown’s case by showing how much he and Tamara had cooperated with police to keep roads clear and trucks moved, especially when asked by police to do so. Numerous texts showed a cordial, respectful and even friendly relationship and went far to impugn the Crown’s narrative yesterday that suggested the pair were conspiring to cripple the city. This is where my codependence comes into play.

In her defense closing which began today, Magas highlighted exculpatory evidence that I would personally vouch for as indicative of how Tamara and Chris were operating based on conversations I had with them. Her remarks involved mens rea - or lack of evidence for a guilty mindset and the texts were compelling.

The Crown’s case which wrapped yesterday just seemed like endless tail chasing and in my humble opinion reflects badly on the entire system. But I haven’t been here for the whole trial and there are better people than me to opine. But right now, it feels like the old throwing spaghetti gambit to see what sticks.

Yesterday the Crown mentioned Zexi Li’s complaints about how her ability to work from home was badly affected by noise from the convoy. I am biased — but given what was at stake for the country, this feels oddly self-centred.

The Public Health edicts the Convoy pushed back against were life and death for many of us, including my oldest son, who relapsed and had a close call. My youngest, was vaccinated to attend Dalhousie but then forced to spend his University years trapped alone, in a basement apartment learning remotely — and I couldn’t even fly out to comfort him. So the complaints from the haters highlighted in this case and at the POEC feel to me like bougey complaining. I’m sure it was difficult to live in Ottawa during the Convoy but I might argue that if the protestors hadn’t been mostly blue collar workers, residents’ views might have been friendlier and their tolerance higher. Li is part of a civil suit that will will continue the legal campaign regardless of this trial’s outcome.

So I swing from optimism and faith to anger and sadness. As I’ve said before, Judge Perkins-McVey is smart, brooks no nonsense and with humour and grace, sees right through some of the Crown’s downward dog-type cognitive stretching. And she is also tough on the defence, demanding clarifications and citations for her upcoming weeks or months of review before she makes a decision. As she should.

Magas argued the tough requirement for meeting a mischief conviction, saying that the Supreme Court has found that the standard is formidable. Inference from circumstantial evidence must not be made.

I spent a few minutes with Tamara and Chris and I can report they are worn down. Forty days of what was supposed to have been a ten day trial. Thirty thousand miles travelled by each from their homes out West to Ottawa. Massive legal costs and serious life disruptions for both families. Much worse than the litigious Ottawa residents endured.

The sad irony here is that the fears that drove the protestors on — of vaccine mandates and harms, lockdown dangers and a fully divided country were all well-founded. In part of Canada they will always be heroes. What is scary is that the state and some Ottawa citizens will never see them that way.

Two days ago, Tamara was followed from the courthouse by an aggressive hater who stalked her all the way down the street to her vehicle. In our capital city. Over a protest that saved lives. This is where we are.

Stay critical.

#truthovertribe