‘Take those shackles off’: Tamara Lich released on bail, again

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 overview.

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

Superior Court docket Justice Andrew Goodman sided with Lich and her attorneys Lawrence Greenspon and Eric Granger in his ruling Tuesday, which got here after two full days of hearings in Lich’s second bail overview — 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 can be freed on circumstances.

The decide cautioned Lich to abide by the circumstances of her launch, which embody 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 overview 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 circumstances 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 put up because the “model ambassador” for a trucker-themed “freedom pendant.”

Lich was then re-arrested and charged with breaching her bail circumstances after attending that June 16 gala in Toronto, the place she was seen having a short congratulatory alternate and posing for a bunch picture 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 legislation” in that call, nonetheless, and mentioned these errors had been “compounded” by inflammatory statements from Harris when he instructed 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 could possibly be explored as soon as the case reaches trial somewhat than through the bail part.

“The Justice should be cautious to not play the position of trial decide or jury (through the bail part),” Goodman mentioned.

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

Goodman additionally sided with the defence on the contentious argument over the power 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 might serve vital time for the mischief, intimidation and associated counselling prices she faces.

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

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

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

Aside from the alternate 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 collected 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.