‘Courts are not thought police,’ judge says in Tamara Lich bail review decision

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Tamara Lich is not going to be despatched again to jail as a decide lifted her ban from getting into Ontario, however dominated to bolster her ban from social media in a bail overview choice Wednesday.

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“The courts usually are not a thought police,” Superior Courtroom Justice Kevin Phillips mentioned as he rejected the Crown’s arguments that Lich ought to have her bail revoked over alleged breaches of her launch circumstances.

“We search solely to regulate conduct to the extent that sure behaviour will violate, or probably result in violation of the legislation,” the decide continued. “Right here, the target was to maintain a extremely problematic road protest from reviving or reoccurring … No court docket would ever search to regulate the possession or manifestation of political beliefs.”

The Crown had argued that Lich breached the situation that bars her from supporting “something associated” to the “Freedom Convoy” when she accepted the 2022 “George Jonas Freedom Award,” which she is about to obtain in a June 16 gala in Toronto hosted by the Justice Centre for Constitutional Freedoms.

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Lawrence Greenspon, Lich’s lawyer, mentioned the decide’s ruling would enable his consumer to journey to Toronto to just accept the award in particular person, and he confirmed she additionally meant to attend comparable gala occasions in Calgary and Vancouver, the place VIP tickets value $500.

In a telephone interview following the choice, Greenspon applauded the decide for “soundly rejecting” the Crown’s efforts to ship Lich again to jail.

“From our perspective, this was a transparent rejection of the Crown’s try and reincarcerate Ms. Lich for agreeing to just accept a ‘freedom award,’ and, in gentle of this choice, she’s going to have the ability to go to Toronto and settle for that award with out concern of being reincarcerated.

“That’s a terrific aid to her,” Greenspon mentioned. “This effort to reincarcerate her … the battle of freedom of expression and freedom of meeting … that battle will likely be fought at trial.”

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The JCCF, a vocal supporter of the demonstration, issued a press release following the choice saying the revised bail circumstances “nonetheless excessively limit” Lich’s Constitution rights, whereas saying the Crown went to “troubling” lengths to revoke her bail.

Phillips additionally lifted Lich’s ban from getting into Ontario in his revised bail plan and lifted her ban on getting into the town of Ottawa, apart from the geographical boundaries of the town’s downtown core.

A publication ban protects the explanation Lich is looking for permission to return to Ottawa, and Phillips mentioned he noticed no challenge with Lich attending a gala in Toronto months after the convoy had ended.

“The fitting between attendance at that operate and problematic help for an indication that can, by then, have been lengthy over, is so oblique as to be barely perceptible,” Phillips mentioned.

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He determined to uphold Lich’s ban from social media, nonetheless, ruling the unique March 7 court docket order was “warranted and acceptable.”

“In a really possible way, social media undoubtedly contributed to, and even drove the now-impugned conduct, and Ms. Lich staying away from it’s essential to decrease the chance of reoffence to an appropriate stage,” Phillips dominated.

“Social media could be a problematic suggestions loop the place folks get egged-on and caught up by group exercise they’d by no means carry out on their very own,” Phillips intoned.

He warned Lich to keep away from the temptation posed by social media and cited her “susceptibility to getting caught up within the type of poisonous groupthink that animated the group again in February.”

Lich was arrested Feb. 17 and is collectively charged with fellow protest organizer Chris Barber with mischief, obstructing police, counselling others to commit mischief and intimidation.

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She was initially denied bail on Feb. 22, although that call was overturned by Superior Courtroom Justice John Johnston on March 7 and Lich was launched from jail with an inventory of circumstances. She was ordered to return dwelling to Medication Hat, Alta., the place she should dwell beneath the supervision of a court-approved surety, and he or she is barred from contacting an inventory of fellow protest organizers. She stays banned from social media and can’t enable anybody to put up on her behalf.

Assistant Crown Legal professional Moiz Karimjee introduced arguments throughout final week’s two-day bail overview alleging Lich had damaged two of her launch circumstances, first by accepting the “freedom award” and once more by accepting a convoy-themed pendant as a present from a supporter, who then posted a photograph of Lich proudly carrying the necklace.

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The social media put up recognized Lich because the “model ambassador” for the pendant.

Phillips on Wednesday mentioned the Crown did not show these breaches.

The decide accepted Lich’s testimony that she noticed no “dwell connection” between accepting the pendant — or accepting the award — and her help for the “Freedom Convoy.”

“I imagine Ms. Lich when she says she doesn’t see her acceptance of this award to be any type of help for the ‘Freedom Convoy,’ as a result of that initiative is over with,” the decide mentioned. “I particularly reject the concept she is chargeable for what another person did with a photograph of her carrying a pendant.”

Lich has lived in her neighborhood for a “significant stretch” and demonstrated she will be able to comply with bail circumstances, the decide mentioned.

ahelmer@postmedia.com

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