Garbage bins of trucker convoy signs were in front of Parliament Hill after it had been cleared of protesters. Photo by Adam Huras/Parliament Hill files
On Jan. 29, 2022, a trucker convoy headed down to the Coutts, Alta., border crossing with the U.S. to protest the COVID-19 vaccine mandates the Trudeau government had put in place. The protest turned into a full-scale blockade that lasted 17 days. Two of the protest leaders, Chris Lysak and Jerry Morin, were arrested and charged with conspiracy to commit murder and mischief, accusations that were hard to credit given the context of the event. They remained in custody for 723 days, during 74 of which Morin was in solitary confinement. Finally, after their lawyer filed a Charter of Rights application to examine the case, the Crown suddenly accepted
Contrast this with the recent case of a mother and her child fatally stabbed in a horrific random attack outside an Edmonton school. Despite a long history of violence, the accused killer had been released on bail 18 days before their murders.
In addition to the two Coutts truckers, the federal government has been persecuting Tamara Lich, who had journeyed from across the country to serve as an organizer and spokesperson for a truckers protest in Ottawa that began Jan. 29, 2022, and ended with the Trudeau government’s implementation of the Emergencies Act on Feb. 14.
Lich, an Indigenous grandmother from Alberta, was arrested and charged with “obstructing police, counselling others to commit mischief, and intimidation.” It’s hard to imagine how this petite, soft-spoken woman could “obstruct police or intimidate” anyone.
Handcuffed between two towering federal police officers, Lich was put in solitary confinement in a dungeon-like cell with a tiny window five metres above her head.
She spent two weeks in jail and was then released on bail with orders not to communicate with anyone associated with the convoy. Later that summer, the Justice Centre for Constitutional Freedoms selected her as the recipient of its annual “George Jonas Freedom Award for advancing and preserving freedom in our country.” At the awards ceremony in Toronto, she was photographed with another person associated with the convoy and as a result was re-arrested. After serving another 30 days in prison, she was again released on bail after a different judge ruled there had been “no significant interaction” with the other convoy member.
Meanwhile in Ontario, Randal McKenzie, a habitual offender charged with weapons violations and assaulting a police officer, was set free on bail with no conditions other than periodically reporting to his parole officer. He was subsequently charged in the shooting death of Ontario Provincial Police Constable Greg Pierzchala.
The Canadian Criminal Code states: “Persons who are charged with an offence are constitutionally entitled to be released from custody unless Crown Counsel is able to justify their continued detention … including consideration of the background of the accused and risk to the public.” It’s inconceivable that Lich could be considered a risk to anyone.
The trials of Tamara Lich and convoy co-organizer Chris Barber finally began in September of last year. The federal Crown Prosecutor, presumably aware the government wanted to teach the convoy protesters a lesson, had already stated he would seek a prison sentence of 10 years — a sentence given only for very serious violent assaults by habitual criminals.
The trial was originally expected to finish Oct. 15 but is taking much longer. After adjourning in December, it restarted in January, though for only one day. A shortage of available court time makes its completion date uncertain.
Tamara Lich, Chris Lysak and Jerry Morin spent a combined total of 767 days in jail — despite not having been convicted of anything. Meanwhile, Canada’s bail laws continue to allow habitually violent offenders loose after just a few days in custody.
One of the fundamental cornerstones separating a democracy from a dictatorship is the prohibition of government interference in the judicial process. But what else can explain the stark discrepancy between the Crown’s treatment of the non-violent convoy leaders and its pervasive and persistent empathy for habitual criminals and even murderers.
Even Canadians who didn’t agree with the trucker convoy’s message or methods should be concerned by the obvious disparity in their treatment at the hands of the legal system. It’s something to ponder as we await the news of yet another murder or egregious assault by a violent offender released on bail that we all know will come only too soon.
Individual (him/his/he) goes into a public building and was informed that his presence was not allowed. Someone presses up against him for a split second. He gets charged with assault. Copied below is his account of the incident and what shamefully occurred in court.
This individual, a private self-taught citizen, has successfully argued on behalf of himself, others,”the law”, and ultimately us, in courts across Canada. He deserves our respect & support [the Kelowna court, arguing over an assault charge against him proven false by video recording requires him to obtain transcripts at outrageous costs].
If deciding to forward this email – please delete my email address. Thanks.
Falsified assault charge
Kelowna Courthouse
R v David Lindsay s. 266 Criminal Code Assault
So, Dec. 13, 2021 was D-day. Judgments in the falsified assault charges against me, were to be rendered by Judge Heinrichs on the following issues:
The merits of the case of whether the Crown proved beyond a reasonable doubt that I assaulted two security guards;
My RCMP Challenge – claiming that the RCMP Act was unconstitutional because only the Provinces can pass legislation in relation to policing in the Province, and,
The Crown’s application to have me cited for contempt.
I anticipated #1 would go first, for if I won on the merits of the assault charge (ie: not guilty) the RCMP Challenge would not require a hearing, and if I lost (ie: guilty) only then it would have to be dealt with. This procedure was not to be. The alleged offence date was August. 19, 2021.
First – brief history. We were having a series of protests at the Interior Health building at 505 Doyle Ave. in Kelowna in 2021 as a result of new mask orders from the health officer Sue Pollock located in that building. This brought huge publicity in the public eye of what they were doing and our opposition to mask requirements. I was trying to talk to reception on Aug. 11, 2021 to arrange for an official to talk to us. I had been told on August 4, 2021 that an official would come out and talk to us but never did. Security manager Greg Smith (the Professional Liar) assaulted our video reporter Leo and physically forced him out of the building while I talked to reception. Then they forced me out. All of this is on video and we were peaceful at all times; the only violence was Greg Smith’s assault on Leo. Despite this, Greg Smith purported to issue a no trespass order to me for one month.
We came back on Aug. 19, 2021. The Professional Liar and two Paladin security officials were there to block my right of entry into the Interior Health reception area. Police later arrived and Greg Smith the Professional Liar lied to the police and told them that I had been banned from the building for a month because I was causing a disturbance inside the building that morning. As said, the videos confirm that no such disturbance was ever caused by me or anyone else. Another lie from the Professional Liar.
I tried to exercise my right to enter the building and security officials used their upper torso to physically block me from entering. We touched briefly for about 1.5 seconds. Make no mistake…the video clearly shows THEM pushing into ME to block my right of entry.
Notwithstanding their assault on me, one has to look at this video to see just how trivial this incident was – lasting as it did about 1.5 seconds, with no injuries. 8:20-8:48. Admittedly now, Interior Health may not be a Crown corporation, but they are a government body and subject to the Charter. Thank you for posting this Marcel!! Jason Davis is in the middle and Taj Smith on the end, from Paladin as well. Davis no longer works there.
See also 4:43-5:54 where Raymond Bacolod, a private security official, stomps on Leo’s hands as he attempts to plug the extension cords back into the generator that Bacolod unplugged to shut down Linda’s freedom of speech. We charged Bacolod with assault. The Crown told us directly that we had a very good case yet then stayed the charge!! This assault was much more violent than any alleged 1.5 second touching in my case, and with a lot more people around as well. Marcel follows up with other assaults that were allowed to go unpunished by the Crown.
Charges were laid of assault on Dec. 8, 2021. Mr. Grabavac for the Crown, wanted an endorsed warrant to bring me before a judge. He only got an unendorsed warrant, meaning the police could release me – and they did a couple of weeks later, because of an alleged communications error between himself and the Informant.
Here are Mr. Grabavac’s only words, when he applies to the Court to try and get this reversed two days later on Dec. 10, 2021:
“So, it’s not the Crown’s intention to have Mr. Lindsay detained, however the Crown wants specific conditions put on, and specifically with respect to prohibiting his conduct at – potentially at these – there was a rally going on when the assaults occurred, so we would like an opportunity to make the submission to a judge on that.
That’s – yes, and the Crown is also seeking other no-go conditions that have no – that are less related to Interior Health than this. We’d also be asking for a condition that he not attend to any school district location – School District 23 property in Kelowna, and also not to attend any parks. So that’s the concern that really – that’s a little bit extensive…”
Read what Grabavac is saying just two days after the charges were laid. As a condition of my release, he wants me banned from all schools and parks in Kelowna, even though he admits that they have nothing to do with the alleged (unproven) offences at an Interior Health (IH) building downtown!!!!
Why would a prosecutor ask for such draconian relief if not for improper purposes? Because they wanted me banned from all parks to prevent me from conducting the rallies, as Grabavac admits, which as the RCMP admit have all been peaceful. So, the fix was in from the beginning on what Grabavac’s true ulterior intentions and motives were. He knew there was no real assault, but it was the perfect opportunity to try and ban me from the rallies, falsely thinking they would stop without my presence. What does a park in Mission or by the airport in Kelowna have to do with the IH building in downtown Kelowna? Nothing.
There is your background to these falsified charges. And it gets worse when you realize the professional liars on the witness stand.
On Dec. 13, 2023, Judge Heinrichs first denied my application that she was biased. Can you imagine the consequences of a judge ruling him/her self to be biased? It is self-incrimination – an admission that you were breaking the law…no judge is going to do this.
Judge Heinrichs then began her next judgment by dismissing my RCMP challenge. Admittedly there was an error in my Challenge, asking the Judge to strike the legislation that she has no power to do. What she can do, is simply not apply it. So, by not applying the RCMP Act and agreements, the RCMP officers had no power to investigate and obtain evidence. This is an irregularity and is permitted to be amended at any time. Judge Heinrichs refused this simple amendment, on the following flawed and defective basis below.
Judge Heinrichs claimed the Challenge was manifestly frivolous as it would have no effect on the case, because the Informant could still lay the charge as a regular person (“any one”) under s. 504 of the Code. That may be so, but “any one” did not lay a charge, an RCMP officer did, in that capacity. If the RCMP did not have the jurisdiction to exist, an RCMP officer could not use that capacity to lay charges. The charges would have to be re-sworn by him personally and by now they are well out of time to so do.
When asking me for my response after her decision, I told her she completely omitted the primary factor that I told her in my submissions, that if the RCMP have no jurisdiction to exist, they have no power to investigate criminal complaints and obtain the evidence in this case. Once all evidence is struck for want of jurisdiction, the case fails, whether or not the Informant could still lay a charge as a private citizen or not. Further, absent evidence under s. 507 of the Criminal Code, the JP would have had no power to even issue a summons or warrant.
Judge Heinrichs’s analogy was that if someone is charged under the Criminal Code and applies to strike the Motor Vehicle Act, that it would not have any relevance. That may be, but not where it goes to the jurisdiction of the person or police force laying the charges, or if evidence was obtained illegally as it was here.
She looked at me after my comments about her omission for a few silent seconds, ignored me and said she was going to move to her next judgment. This issue was intentionally omitted to get this BS judgment. The only place the RCMP should be is above the Arctic Circle – Constitutionally speaking.
This is similar to what the Court has done to me on several occasions, where there is incriminating evidence or arguments. The judges simply ignore them and says, “move on,” thus perpetuating an injustice and from exposing their errors or corruption.
Judge Heinrichs then moved on to the merits of the assault charge. I have maintained throughout the trial that the Crown and witnesses controlled the Judge, not the reverse and one had to be there to see it. Grabavac for the Crown answering my questions to the Judge, the Judge depending on the Crown for the law instead of knowing it herself, witnesses who refused to answer my direct questions, or would answer with circular, non-responsive answers and the Judge would refuse to compel them to answer. Virtually every discretionary decision was made in favour of the Crown, unless the Judge admitted that she would allow it because it made no difference anyway.
From the initial bail hearing two years ago, Grabavac for the Crown has tried to have me banned from all city parks and schools. This of course, was to prevent me from having our protest rallies.
During the initial bail hearing, and throughout disclosure and the trial, Grabavac insisted on advancing the evidence from all his witnesses that on Aug. 11, 2021 one week prior to the Aug. 19 alleged offence date, I was banned from entering Interior Health (IH) by Greg Smith the Professional Liar, security manager for IH. One witness, Taj Smith from Paladin Security, admitted without that no trespass order, they had no power to physically stop me from entering and would have had to allow me in.
Despite this, Judge Heinrichs repeatedly denied me the right to cross examine them on this issue and introduce video evidence to show that the no trespass order was unlawful and Greg Smith lied to the police, and sustaining Grabavac’s ongoing opposition that it had no relevance to whether an assault was committed. If that is so, why was he allowed to lead evidence of this from all witnesses on this point? And if it is relevant evidence to committing the assault, it is relevant for me to prove it was unlawful. Anything raised in evidence is entitled by law to be cross examined upon…including this, and Judge Heinrichs denied this to me, denying me full answer and defence in the process.
Judge Heinrichs allowed evidence from the Crown of being banned as a basis for the charges, but refused to allow me to cross examine and prove the no trespass order was unlawful, and to show my video to prove that Greg Smith was lying on the witness stand, when he told the police on Aug. 11, 2021 that I was banned for causing a disturbance. Just showing Greg Smith was a liar would have been beneficial just for credibility purposes. The video clearly shows that Greg Smith was a professional liar. When Greg Smith says on the stand:
“I have about 30 years experience doing this…I know how to answer questions.”,
you know he means that he is saying he knows how to lie on the stand and get away with it.
On May 25, 2023, I filed a Charter Challenge that the no trespass order was a violation of my s. 2 Charter freedoms. Greg Smith was a gov’t official. Judge Heinrichs subsequently dismissed it without a hearing saying I should have filed this earlier in the year, without saying when of course. How can I file this earlier when I only just heard the evidence in court over the previous few days? Grabavac argued that is the standard for lawyers, and they applied this to me, claiming Charter challenges are usually filed at the beginning of case. But that certainly is not always true – many challenges are brought on during the middle or end of a trial depending on when the evidence gets on the record. It is not a hard rule and there is no law that says all Charter applications must be brought at the beginning of a case. Just read s. 24 of the Charter – it refers to evidence obtained illegally – in many cases this is unknown until a gov’t witness takes the witness stand.
Grabavac repeatedly told Judge Heinrichs, who repeatedly parroted his comments, that there were only four defences to a charge of assault – self defence, automatism, intoxication and accident. This limited my questions of course to only these issues. But there are other defences, and I was lied to by Grabavac and the Judge was ignorant enough to follow him.
Judge Heinrichs dealt with the duties of the Crown to prove its case and how he proved that my moving forward to enter the building was the assault, but failed to address the fact that I was denied full answer and defence because I could not cross-examine on this issue.
Section 265, 266 of the Criminal Code applies where there is an intentional application of force to someone else, without their consent. There is no requirement to prove harm. Legally, this section criminalizes every intentional touching including on buses, subways etc.
Judge Heinrichs relied upon the Crown’s mischaracterization of the incident as being me intentionally touching the security guards. In fact, as I showed in slow motion on the videos, when I attempted to exercise my right of access, they used their upper body torsos to push me back, including Greg Smith’s left arm.
The Judge relies in her decision that the Crown proved that I was not welcome, I knew I was not welcome and that whether this banning was lawful or not, was not part of her decision and she would not rule upon it. Of course not, as it would show THEY assaulted me.
Then she addressed my defence of di minimus which was unknown to me during the trial and which Grabavac lied to the Court by saying there were only four defences. This was the fifth. I provided dozens and dozens of case law that I spent over 100 hours researching, showing that if an assault is so minimal, or trivial, the court will not address it and will find people not guilty. I had case law of a husband assaulting his wife in the home, of people actually getting injuries, and many others that the court all claimed were pretty trivial and dismissed, and yet were much worse than this case.
As you can see in the video I linked to above, there is no violence, no hostility, and everyone including myself, is peaceful. A bit of sound from someone’s boom box and that is all. Police are present, but only because it is standard for these dumb-ass, wimpy security guards to call the police whenever they want. Police have shown up to dozens of our protests, without any problems. They show up at many other protests such as BLM and the LGBTQ protests as well. There is nothing unusual about their presence.
In fact, on Aug. 11, RCMP Corp. Lobb, after talking with Greg Smith, admitted in her evidence that she told me I had this right of access and I could use any time I wanted to talk to reception. I exercised my right of access in part because this senior cop told me I had a right of entry, after she discussed with Smith the Professional Liar. Then they charge me!!
Judge Heinrichs would not apply di mimimus because she claimed it would be a risk to the public interest – without defining that that actually is – as it would sanction an act of defiance to authority, and I could be a catalyst for others. Really?
Judge Heinrichs claimed that a police officer told me he would arrest me if I tried to enter, only because he believed that Greg Smith lawfully told him I was banned. Smith of course never verified this or that it was lawfully done. I am under no obligation to obey any police officer’s threats of arrest if I had not broken the law. Besides, he told me I would be arrested for entering the building (ie: trespass), not for an assault.
Think about this – the Crown’s entire case is based on the Crown’s evidence that Greg Smith the Professional Liar issued a no trespass warning a week earlier to support their actions to block my right of entry and lied to the police, I am prohibited from attacking and cross-examining on this, and Judge Heinrichs then rules that I am defying authority on this unlawful no trespass order as the basis for refusing to apply this applicable defence??? No judge can be this dumb. It can only be pure, 100% bias or compromise.
50+ middle aged peaceful protestors, most of whom were not even in this area, with a peaceful history of protesting for three years and somehow my action of exercising my right of access is going to be a catalyst for others to defy authority? This is a fiction – it is deeming. There was no evidence put to the court that anyone else was going to defy authority, or of any history of so doing. And who is authority? Greg Smith? He had no power to arbitrarily ban me for no reason at all, and the cops never did either.
Judge Heinrichs claims by analogy that this is not like jostling on a bus – where there is no intent. This is wrong – many people on buses and subways, intentionally push people out of the way in a rush to get on the transportation, or to get off. This happens every day. This really is a stupid and inapplicable analogy. But not surprisingly.
Judge Heinrichs ignored the defence of officially induced error in her judgment, by Corp. Lobb telling me on Aug. 11, that I had a right of entry and could do so even at the Aug. 19 protest. She told me this after she talked to witness Greg Smith, so he knew she would be telling me this too and never told me Smith, the Professional Liar, opposed it.
Importantly, Judge Heinrichs completely left out the fact that there was no evidence of any animus, or hostility on my part – another element of the offence that Grabavac intentionally left off the court record. I provided case law to the Judge that the Crown must provide evidence of some form of hostility or anger on my part to assault someone to get a conviction. The Judge admits that me and the security guards were having a calm discussion at this time. The videos all confirm that there was no evidence of hostility which is why Judge Heinrichs intentionally did not address this in her judgment. The Crown failed to prove this requirement – and even refused to bring it to the attention to the Judge during the trial. Grabavac thought I would not discover this, but I did.
Everything that could be done to convict, was done. The fix was in from the very beginning.
Mr. Grabavac repeatedly lied to the Judge and me, by claiming in court that there were only four defences to an assault charge. He lied by failing to let the Judge know he had to prove hostility as well. The Judge sanctioned this, sending the message to all prosecutors that lying in Court is acceptable by refusing to even hear my application to have Grabavac cited for contempt, and even refusing to read my Affidavit evidence to support this. I spent a lot of time preparing this, not for her to just dismiss it without even considering my evidence.
Sadly, it gets worse. In Jordan, the SCC ruled 18 months to judgment for a hearing on a summary conviction matter. Charges were laid Dec. 8, 2021, and 18 months ended June 8, 2023. The judgment was issued Dec. 13, 2023 or over 24 months later. Judge Heinrichs denied my Jordan s. 11(b) Charter delay application because she wanted me to pay almost $5 000.00 in transcripts, to the monopolistic J.C. Word Assist transcribers, who have an exclusive contract with the Province that only they can produce criminal transcripts. I have a friend who is a court accepted, certified transcriber and I could have done this for a tiny fraction of this cost and was denied this ability to so do. This is pure theft and selling justice, contrary to our common law and Constitution.
When I advised Judge Heinrichs I could not afford them, she wanted me to provide proof of my private and confidential, financial situation. That is not going to happen. This right to justice then becomes a qualified privilege and further then becomes part of the public record, open for all the world to see. Think about this in your life how you would feel if anyone, anyone, knew of your personal financial situation, especially people you didn’t know. Or other government agencies. This can haunt you for decades even if there is nothing to hide, so to speak.
So, she allowed the Crown to break the law because I won’t give up my privacy rights for the possibility (she could still refuse my request to order the Crown to pay for them anyway) of her ordering the Crown to pay for them, and agree that they can sell justice.
The judge are in on this too. The Supreme Court judges do not want to hear myriads of appeals from minor traffic tickets, or summary conviction Provincial offences matters. So, they rely upon these super high, thieving transcripts fees to deter people from appeal them to they don’t have to hear this minor stuff – but which of course is incredibly important to the accused. Who can afford to spend hundreds or thousands of dollars for a lawyer on a traffic ticket, then more thousands for an appeal if they are screwed in trial court, plus thousands of dollars in transcripts, where the fine may only be less than $1000, but may have serious repercussions in others areas of one’s life? Judges bank on these transcripts fees (as does the Crown) to keep us out of the court system as much as possible.
The Crown got caught further lying here, by telling the Judge that a large part of the delay was my fault for refusing to be available for a June 22, 2022 trial date that was proposed in May, 2022. What Grabavac intentionally failed to mention, as I have the documents to prove and he admits he has a copy, was that on May 18, 2022, Judge MacParland ordered us to set trial dates, yes, but they had to be at least one month ahead of the hearing of my disclosure request to be set (see a copy of this below). So, we could not legally set a trial date for June 22, 2022 because another Judge ordered one month earlier that we could not do so. That was the true reason and Grabavac again got caught lying to the Judge and was allowed to get away with it. It was not possible on May 18 to set a disclosure review hearing to be heard within four days by May 22, to allow for a June 22 two day trial.
Grabavac tried to file new materials on Monday December 11, 2023, which the Judge did not allow because she had her ruling done in his favour anyway. But these submissions contained further lies that I have more documents to prove were false. There is no low that Grabavac will not stoop to, in order to convict and jail me. Because the Judge would not allow him to provide his written submissions, I was unable to show how and where Grabavac was lying to the Judge again.
The allegation of contempt of court, is being remedied by permitting me to purge the contempt by a written apology. I have done this. This is a catch-22 set up. If I don’t agree, they will sentence me to further time in jail. If I provide this apology, which must include comments that I will obey court orders in the future, then when the Crown applies at sentencing for a DNA sample and I refuse to provide one, they will lay further charges of failing to comply with a court order and possibly reinstitute the contempt charge again too. The trap is being set yet again.
Sentencing hearing will be April 12, 2024 at 9:30 at the Kelowna Law Courts. Sentencing may be that day or on a future date, but all submissions will be on this day. Crown wants an unspecified jail term, unspecified probation order (likely to ban me from all parks and schools so I can’t appear at the rallies), a no weapons order, and a DNA sample. Grabavac is seriously abusing his power and breaching the duties of his office for this non-offence which is completely, politically motivated.
We will see what happens in this new year. I simply join the ranks of Pastor Art, Tamara Lich, the Coutts boys, and many others who have been falsely attacked in the “just-us” system, for opposing the corruption in our governments. (George Carlin: “It’s a big club, and YOU ain’t in it!”) But if jailed, I will get out and continue in our quest for freedom against the tyrannical governments and just-us system participants.
An appeal is being filed this week to this conviction. Unsure about a sentencing appeal until the sentence is actually delivered.
Legal assistance
Despite my efforts, they are still demanding now $16 000.00 in transcripts fees for this appeal. Some of these fees are up to $1 800.00/day!!! I am fortunate that I do not have any lawyers involved and am able to do all this work on my own. Having lawyers on this stupid, falsified charge, for eight (8) days of trial and more appearances prior to trial, would have easily run another $20 000.00+. It does not appear yet that I can have these transcripts paid for by the Court/Government. Unfortunately, as a result, I will have no choice but to begin seeking assistance to help pay for these transcripts over the next few months. I am grateful we already have some gifts provided to assist with this. I will let everyone know once this is all set up. Believe me, no one hates paying for these transcripts to these glorified extortionists more than I do and I have fought them for 20+ years on this monopolistic, obstruction of justice tactic. However, I (we) must get justice and it can now only be done on appeal. The implications are astounding where in the future the Crown will charge everyone for merely touching someone, even if they are in the wrong.
They should have a law that upon any successful appeal, the Crown and Judge must bear all the costs. I suspect that there would not be as many appeals and more justice would happen in the court of first instance, as is our right.
We will also now begin to have some transcript production costs in response to the Petition to ban our rallies. So far we have kept costs to a bare minimum, again thanks to not having legal fees, but there will some associated costs in the new few months to begin to have our opposition heard.
Alex Honnold — on a rock face climbing without ropes
Like Alex Honnold in Free Solo, hanging onto rock walls with only his fingertips, we’ve all traversed danger and darkness without a net over the past three years. But we’ve come out the other side – almost. I’m proud I stood tall and refused the vaccine even though the isolation was debilitating and there were days it cost me my sanity. I look back on it now and wonder how I did it.
One thing I do know is that it got easier once the truckers hit the road. The Freedom Convoy brought us together, pulled us out of the shadows and reminded us that Canada is actually a good place, full of pioneering spirit and generosity. I often say that feeling of connectedness reminded me of how we came together to grieve for those sixteen kids and their support staff from the Humboldt Broncos hockey team bus who died in pursuit of the ultimate Canadian cultural event — small-town, prairie hockey.
I had nightmares about the scene at that intersection, near Tisdale, Saskatchewan and when the call went out to place hockey sticks on our front porches, my husband did it at his business and we even put one outside our door in the hallway of our apartment building. I loved that our country understood the moment.
Hockey Sticks in Toronto
I was again thinking about this story yesterday in trucker court, sitting just behind Chris Barber and Tamara Lich on trial for various charges that are not connected to any violence. They had already been arrested and yet the Crown lead evidence from February 19th — a day the Sûreté du Québec and other police forces, some dressed in black-bloc were aggressively trying to clear the streets. What I am about to say should disqualify me from reporting on the trial — but I am declaring my bias here and let the chips fall where they may.
Trish Wood is Critical is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.
The scenes were surreal. Convoy protestors, sometimes nose to nose with police chanted love over fear and peace, despite the militaristic threat they faced. I believe I heard a couple of hold the line comments as well. What I saw was a study in thoughtful civil disobedience — the kind we usually applaud from historical figures. The protestors were mostly men, some of them military age and during a another era, they might have been soldiers deployed overseas. Watching them keep their cool in the face of overwhelming police power felt miraculous.
Police and convoy protestors from an unknown date.
Here is my live tweet from court:
So my confession is that I felt deeply yesterday that I should have been there, standing with those people. I supported the convoy — that’s no secret but I wonder if that was enough.
Every time video clips are lead by the Crown, I have the same reaction — how calm and in control of themselves the protestors seemed to be. That was underscored by the SQ officer on the witness stand admitting that his Green Squad broke in the midst of it to go for lunch – a moment highlighted by Tamara’s lawyer, Lawrence Greenspon.
In the meantime it’s being reported on social media that some of this country’s biggest unions are planning to disrupt tomorrow’s protests against schoolboards, teachers and ideological medicine working to indoctrinate our kids. If you ever doubted that the lone and distant Nazi flag at the trucker protest was a product of the same thinking, here is more evidence they don’t tolerate debate or opinions different from their own.
The prosecution of Chris Barber and Tamara Lich for their roles in the trucker convoy protests at times feels unsettling. Is it a microcosm of how our institutions and systems haven’t come to terms with what many people, outside the laptop bubble, are experiencing. Like forcing vaccination with an experimental product on healthy people or enabling a child’s psychic confusion with pharmaceuticals and surgery, the trial is a process but to what purpose? Where does this lead?
As I watched a series of Chris Barber’s TikTok videos unspool on courtroom screens yesterday, I was pulled back to those first days of the convoy when my faith in my fellow Canadians was restored. I had been concerned that the running of the country had been handed to public health bureaucrats, that our elected officials had stepped away and were no longer in charge. That media was not holding to account the people they should. Risk/benefit calculations had not been run and it was becoming clear the cure was worse than the disease. No matter how esteemed the expert witnesses, courts were not finding in favour of people challenging the government’s civil liberties overreach as we faced lockdown after lockdown and a mandated shot.
In the TikToks, we see Barber reacting to what the convoy had achieved and it made me smile for a minute recollecting those weeks of hope. Sitting almost directly in front of me, I watched him for a reaction but saw only a focussed man jotting notes in rapt attention.
The short videos and other social media seem to be making up a large part of the Crown’s case which involves proving mischief and the counselling of same — something Tim Radcliffe will likely argue the videos show. But that’s not what I saw. No one in that courtroom could walk away without noticing how well Barber comes off. He veers between imploring the protestors to be peaceful, to frustration at the government’s intransigence, to astonishment over the convoy’s successful fundraising campaign — a measure of how Canadians perceived the protest. And perhaps its downfall. Don’t forget it was the former mayor of Ottawa who convinced Go Fund Me to shut down the convoy account based on false allegations the truckers were violent. From Blacklock’s:
The proceedings have been plagued by organizational issues and technical glitches but so far it’s been cordial between all parties. Justice Heather Perkins-McVey even addressed the gallery Thursday morning to inquire if we could see and hear the video monitors well enough to follow along. I raised my hand and asked if they could be raised higher and she acknowledge that this a problem but not fixable. As I’ve said, she seems affable and fair. All good things in a criminal court justice.
Back to the videos — from the Ottawa Citizen:
Convoy protest organizer Chris Barber called for people to “flood the city” in a social media video that was shown Thursday in court as part of his criminal trial in Ottawa.
The Crown hopes his rallying call for people to come to Ottawa last year as police ordered protesters to leave may prove just as damaging to his fellow organizer, Tamara Lich as they could potentially be to Barber.
Barber, who operated a trucking business in Swift Current, Sask., and Lich, from Medicine Hat, Alta., are co-accused in the trial. They face charges of mischief, counselling others to commit mischief, intimidation, and obstructing police, all in relation to their roles organizing the protest against COVID-19 health restrictions last year that blockaded downtown Ottawa streets for weeks.
Barber faces an additional charge of counselling others to disobey a court order that banned the big rigs and other vehicles parked in the streets in protest, from honking their horns in the downtown core.
In the end, no matter what the outcome, this trial will be seen as a referendum on a citizen’s right to peacefully protest in the face of what they perceive as a grave and even life-threatening injustice.
There will be a motion to dismiss from the convoy lawyers at some point.
Just about to record this week’s podcast and then back to court.
Hybrid Edition: Sorry for the delay. Yesterday was busy, just getting back from Ottawa. I am including this week’s podcast which is also about the convoy and includes voice messages from people whose lives were harmed by Trudeau’s vaccine mandates (that he says didn’t force anyone).
I’ve been tough on Crown Attorney Tim Radcliffe this week but I don’t think unfairly. It is a mystery to me why he is conducting his case against trucker convoy defendants Chris Barber and Tamara Lich in a manner that is clearly frustrating the judge, annoying the defence and making long days in the courtroom almost unbearably boring.
Friday was a shit show that caused Justice Heather Perkins-McVey to suggest the trial has the potential for going off the rails. She has been a paragon of patience so far but Friday was so bizarre she requested a recess to settle herself. And her mantra was something like I am not happy.
Justice Heather Perkins-McVey
Radcliffe seems either unprepared or somehow unaware of the rules of evidence and disclosure — the gist of which is that the prosecutor must provide the elements of its case to the defence plus all materials in reasonable time to allow counsel to prepare a response. Criminal law 101. From the Criminal Law Notebook.
The Crown must disclose all materials and information that is in its possession or control that is not clearly irrelevant, regardless of if the evidence is to be called at trial or is inculpatory or exculpatory.[1]
The right to disclosures premised upon (1) the right to know the case to meet and (2) the right to make full answer in defence of an offence charged.[2]
Materials in possession of the Crown are not the “property” of the Crown but rather is the “property of the public to be used to ensure that justice is done.”[3]
Purpose
The right to disclosure is founded in the principle of fair play between parties[4] as well as the right to make full answer and defence. [5]
The right to make full answer and defence also suggests in a timely fashion which defence lawyer, Diane Magas asserts did not happen here. Canadian Press picked up by CTV reported in detail what transpired.
Hope that the trial of two “Freedom Convoy” organizers would last only four weeks may be dashed after the defence raised complaints about receiving heaps of new evidence mid trial.
There was a sense of tension in the courtroom Friday as Crown and defence lawyers sparred over the timing of the delivery of binders of text message evidence to the defence.
Justice Heather Perkins-McVey called a short recess to step away from the bench to “settle” herself after telling the lawyers she was “very unhappy” about the late-stage disclosure.
“This should have been done well before the trial,” she chided before leaving the courtroom.
Perkins-McVey is now working with court staff to find more dates as the prospect the trial will run long has grown. Initially 16 days were set aside for the trial, with three extra days added to the court’s calendar as a precaution.
But as the first week of hearings drew to a close Friday, it was clear the timelines were on the brink of being blown.
In fairness to Radcliffe, he might argue that there is precedent for what he is doing. Perhaps I just didn’t understand it or had stepped out to the washroom but there seemed to be general bafflement toward his approach to evidence. What does this mean for the case? It’s not a good look for the Crown but honourable judges, as Justice Perkins-McVey seems to be, can overlook these issues in the end and focus solely on the evidence as she perceives it — so this is not necessarily a freebie for Lich and Barber.
Trish Wood is Critical is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.
In American courts, not handing over exculpatory evidence, something called a Brady violation, will get a convicted person out of jail if discovered after trial. It happened in a wrongful conviction case I investigated involving boxer Dewey Bozella, imprisoned for murdering an elderly lady in upstate New York. No one is suggesting Radcliffe is hiding evidence. But rather delivering it in perhaps obstructionist ways.
All week, there have been housekeeping issues and questions of actual provenance around what seems like hundreds of exhibits, from TikTok videos to digital messaging. As someone who works in documentary films, I can tell you that organizing this kind of material, on a scale this size is a humongous job and the Crown should have set aside a special budget and staff to ensure it was organized and accessible to all relevant parties in meaningful ways. I suspect the Crown’s case relies on it – so this could require a huge fix. Lots of people will be working on it this weekend on both side of the aisle.
This week’s show (listen here) is a convoy special with my documentary producing partner Jacqueline Bynon who was in Ottawa with me and our crew and Tom Marazzo, a convoy participant who has a new book out about his experience. On the show you will hear the voice recordings from Canada and the UK of people whose lives were turned upside by the vaccine mandates that didn’t, according tour our prime minister, mandate the vaccine at all. We didn’t suffer the losses and pain we think we did — because Justin Trudeau is now saying it didn’t happen.
As the morning wore on yesterday in Courtroom Five at the Ottawa Court Building, anticipation and excitement about what might transpire was tamped down by hours of legal housekeeping, most of it brought forward by Crown Tim Radcliffe. He seemed to be struggling with his video evidence and as he did, I spent time studying the mini-community that was taking shape in the gallery.
Behind the Crown on one side, most of legacy media plus professional types focussed on various electronic devices, including phones and laptops. Across the aisle, behind the defense tables many casually attired folks who seemed to have come a long way to support Tamara Lich and Chris Barber. During breaks, everyone was cordial but there wasn’t much mixing. Indy media stuck to themselves and the legacy media types stayed in their own lane. It was clear to see we would be covering the case in different ways. Imagine this happening even five years ago. Unthinkable.
Media, including our documentary crew waiting outside the courthouse.
I couldn’t help feeling it was a microcosm of the country. Like good Canadians, everyone was well behaved but I detected suspicion and the gap between the two sides created and reinforced by our prime minister’s rhetoric was on full display. To be honest, the convoy has exposed a class struggle in this country exacerbated by pols and media who tarnish working people with the usual epithets.
Like the Rodney King case — one of the first where video evidence was paramount, this trial will likely revolve around the thousands of hours shot by citizens and police. The convoy protest was one of the most widely photographed ever given the rise of the cell-phone camera and the growing cadres of citizen journalists who got fed up with legacy media’s bias. But if yesterday is any indication, the Crown is unlikely to produce any gotcha video moments. Constable Craig Barlow presented an 11 minute compilation of videos, some of it police body cam that the Crown must have believed contained inculpatory moments. I didn’t see any and it got worse. From the Ottawa Citizen.
The court was introduced to life in Ottawa during the protests with a 12-minute video of scenes recorded by police from the protest compiled by the first witness in the case, Const. Craig Barlow with the Ottawa police cyber crimes unit.
The sound of revving engines, air horns, chants of “freedom” and “we’re not leaving” filled the Ottawa courtroom as scenes of blocked intersections, large crowds, open fires and Canadian flags played on a large TV screen.
The video also showed a sea of protesters pushing back against police during a massive operation to put an end to the protest.
In her cross-examination, Diane Magas, who is representing Barber, asked Barlow whether he reviewed video of people hugging, games of pickup street hockey, a bouncy castle, and other scenes from the convoy that weren’t included in the compilation video.
When Magus argued to see more than edited snippets and the longer original versions, the video flooded the courtroom with trucker chants of Love not Fear, hardly a scary rallying cry. Justice Heather Perkins-McVey even referred to the phrase in a later discussion. In cross, Magus also asked Barlow if he included any of the video of police hitting protestors in the head. He did not. So she showed it to the court.
As a condition of Tamara’s bail, she is ordered to stay out of the Red Zone in Ottawa unless accompanied by her lawyer, Lawrence Greenspon. That was lifted for lunch yesterday and there will be more talks on-going. I heard from a source there was concern from the Crown Law Office when the bail conditions were originally set, that her presence on the street might trigger locals.
Tamara Lich with her husband Dwayne, yesterday.
And there is some hysteria here. In our hotel, a kindly restaurant worker let loose with a torrent of convoy critiques, including a false tale of a car full of explosives belonging to the protestors. When we mentioned that were this true, there would be criminal charges connected to it and it would have been litigated at the POEC — he defaulted to it’s a secret. And so it goes.
Regardless of what evidence is presented by the Crown at trial, there are a lot of folktales about the protest on a repeat-loop here that perhaps one day an anthropologist can explain.
There was talk last night at dinner that legacy media are doing an OK job covering this case so far. As I said yesterday — perhaps there is a break in our national storm.
I think many people understand what is at stake here, including the judge who is thoughtful and no-nonsense so far. Barber’s lawyer, is going for it. Interesting to watch.
Note: I will be posting Tweets from the courtroom here when I can.
Also – I am quoting from daily news reports for detailed spoken evidence because they are permitted to record the proceedings as they unfold. As an unaccredited journalist, I am not.
Stay critical.
Please consider supporting our documentary team on the ground here.
– Mama Bears Project update – video and resources for pregnant and nursing moms
– Smart Cities
– Freedom Rising Newsletter –Issue 53 – Support Pastor Artur Pawlowski
– Support NHPPA’s Say Goodbye! Campaign locally
– Druthers The July and August editions at our rallies! Donations are always appreciated.
——————————- o0o————————————-
FAMILY FREEDOM EVENTS – Penticton4Freedom – every Sunday from 1 to 3 p.m.
COMING UP THIS SUNDAY
Thank you to all the AMAZING folks that keep FREEDOM alive. Mary Lou is away for a few weeks and is so happy others have stepped in to keep our Sundays a Freedom Day. ~ thank you!!!
Now being held at Lakawanna Park during the summer months
Moving to Lakawanna Park for the summer gives our events a more family-friendly name and environment as part of reaching out to the community around us. Lots of families at the beach. Lots of folks are out strolling.
Laureen’s table with important information and a petition to end BCs Bill 36.
Elsie’s table with Druthers newspapers, Vaccine Choice Canada handouts and more, for parents and curious others.
Local speakers always, and Surprise Guest Speakers frequently!
And sometimes… wait for it… Derrick’s mobile freedom billboard!
~~~~o0o~~~~
Please arrive early (12:30) to help set up the stage and the tables, and to invite passers-by to join us.
Miss a week and you miss a lot!Fighting for freedom is more fun with friends. Bring a few. Suggest a topic or a speaker, and we’ll be happy to find someone to share their knowledge with us.——————————- o0o————————————- OTHERS’ EVENTS · Kelowna CLEAR Rallies – 1st Saturday of each month at noon – Stuart Park, Kelowna · Oliver Rally – in front of city hall – Saturdays at 12:30 p.m. · Local A4C – Every Tuesday at Noon Protesting with Purpose: Richard Cannings 301 Main Street Penticton – Next Planning Meeting August 15th at 4:30 p.m. – Winepress Church ~ · Check online for school board meetings and city council meetings in your area. They’ve been changing dates lately. ——————————————- o0o————————————————-EVENTSHOLD THE LINE
Tamara LichSummer Book TourExperience the power of shared vision and come together for positive change in individuals’ lives and society as a whole. Fearless leader Tamara Lich will be joined by various special guest speakers including Ted Kuntz, Shaun Newman, Turi Johnson and more. Meet and Greet to follow the special guest speakers. Tamara’s book, Hold the Line, will be available for purchase. Please consider donating. Limited seating is available, reserve your tickets now for the following events:Wednesday, August 16thSalmon Arm – 7pm – Salmar Classic Theatre. Thursday, August 17th Vernon – 11am – Prestige Inn. Thursday, August 17th Kelowna – 7pm – Sandman Hotel & Suites. Tickets can be purchased athttps://freedomnetwork.ca, or email info@freedomnetwork.ca for more information. ——————————- o0o————————————-
WORTH A LOOK Mama Bears Update – Protecting Pregnant and Nursing Mothers https://mamabearsproject.com/protect-pregnancy-campaign/ While there, check out the Mental Health ProgramThe introductory video is two hours long but filled with information and the page has multiple resources available as well. https://mamabearsproject.com/mental-health-program/ The Mama Bears Project was originally all about COVID-19, and the group has taken on a new focus – to become a complete resource for Canadian parents. Their new website is a great start and worth a look. https://mamabearsproject.com/ Their process includes a call-out to other child-focused organizations to reach out and provide links to their materials as well. As well, they are engaging in a number of major campaigns through collaboration with those other groups, in particular, partnering with the Canadian Covid Care Alliance as the research arm to provide science-based evidence. https://www.canadiancovidcarealliance.org/ It’s All About the Children It’s Okay to Wait Education is the first step before meaningful action can be taken ——————————- o0o————————————-Smart Cities NEW! BC 15-Min Smart City Coalition Subscribe today to the new weekly BC 15-Min Smart City Coalition newsletter for details and zoom invites: click here Part 1: Geoff and Adrienne – Librti (1hr) https://librti.com/view-video/investigating-15-minute-cities-geoff Part 2: Geoff (55min) 15 Minute City Presentation – Part 2 (rumble.com) 10-min presentation: Geoff https://www.youtube.com/watch?v=8rpVpgJxA9I Questions for BC-wide? Email BC15min@proton.me Note, separate local community meetings and contact info are detailed in the newsletter. on behalf of BC Rising——————————- o0o————————————-Action-Packed Freedom Rising Newsletter Issue 53 – Support Pastor Artur PawlowskiHERE This newsletter is now delivered only every 2 weeks~ Life is meant to be enjoyed and summer is the time to do it! Of Special Note in this latest Freedom Rising newsletter is the NHPPA’s Say Goodbye! Campaign https://nhppa.org/?p=23427 Next time you drop by your local health food/supplements store, please encourage them to participate in this campaign. The SOS postcard campaign put out by their membership association was steering them in the wrong direction – simply asking for a lowering of fines, rather than the deregulation of the entire industry, which is the ultimate goal of the NHPPA. ——————————- o0o————————————-
My friends, it has been an incredible journey so far with this grassroots, people-powered project called Druthers. With your help, we have printed & distributed an astounding ~ 8 MILLION Druthers Newspapers ~ all across Canada since this all began back in December 2020! DONATE HERE: donorbox.org/druthers With 8 million of these papers planting seeds of mind opening thoughts into our communities all over Canada, (distributed by 1000’s of passionate readers) you know we are having a tremendous impact in a few different ways. 1. Sharing honest news & information helps more people recognize a bigger agenda. And when enough people see, WE WILL MAKE CHANGES for the better. 2. For those who do already see, Druthers papers provide a powerful, FREE TOOL which they can use directly in their own local communities. 3. For many people receiving the paper, IT GIVES HOPE to know they are not alone in their ways of thinking and seeing the world. 4. It empowers everyone to be wisdom & STRENGTH TO SAY NO when things are being pushed upon them which they do not agree with. 5. A wonderful, VIBRANT COMMUNITY of freedom-minded people from all walks of life has formed around this project, all across Canada, and beyond. Almost 3 years and we’re still cranking them out at just 10 CENTS per paper! It is important that we keep this project going and your support truly is the only way we are able to keep putting out 250,000 Druthers papers each month. DONATE HERE – LAST DAY – PLEASE HELP It costs $25k per month to keep 250,000 papers flowing freely, so please give generously, or whatever you are able. Every dime you contribute means 1 Druthers newspaper gets printed and then placed in someone’s hands or mailbox here in Canada. How many dimes can you pitch in this month?Much love, Shawn Jason>> GO TO FUNDRAISING PAGERead August Issue Online. Pick up the July edition Covering news and information that mainstream media won’t. The online edition appears before the print edition and the printed version of the August issue will not likely arrive in the Okanagan until mid-August. The link above is for the September edition. As a former newsletter publisher, I am very familiar with production cycles and the need to finance each production before you hit the presses. Our contribution from funds raised at our rallies for the August issue was only $100. We urge you to drop a few dollars in the Druthers box at our rallies each week. The price of a Tim’s or Starbuck’s take-out latte each week would make a huge difference to the number of copies that can be printed. DRUTHERS was able to print an extra 5,000 copies for the Okanagan because of our Penticton4Freedom donations to the June edition ($500), but continuing support is needed to keep the paper coming. Thank you for being an everyday hero by donating, reading, sharing and distributing Druthers copies in your area. Mary Lou Read DRUTHERS
——————————- o0o————————————-
JOIN THE TEAM!
Want to join the fun in one of these initiatives or suggest another more important to you?
Just reply to this email or call 780-908-0309 to offer your help and suggestions.
Better yet, show up at our rallies, meet some fellow freedom lovers, and pitch in where your interests lead you.
And receive lots of ((( FREEDOM HUGS! ))) (if you want them)
A Huge Thank You goes out to Gina, for putting together the weekly P4F newsletter and making sure it shows up in your inbox every week.
Remember that Freedom Hugs are available at ALL our Penticton4Freedom events!
. Whether that’s by reading my book Hold The Line, donating to help pay for my legal fees, helping promote my book, attending events and rallies, or even participating in the 2022 Freedom Convoy — I just wanted to thank you. So, I’ve teamed up with Rebel News to launch a book tour this summer so I can thank you in person. I’m hoping you can make it out to one of our events. The dates for the book tour can be seen below or by clicking here. Some of the events are documentary screenings with Rebel News, and some will be regular book signings. Tickets for the book signings start at $5, but you can use your ticket to get a discount when you purchase a copy at the event. I can’t wait to meet you and hope to see you soon. Yours truly, Tamara Lich P.S. If you know anyone in the area of any of my book signing events, please forward them this email!
Barrie (Ontario) Book Signing Meet Tamara Lich at The Simmering Kettle restaurant in Barrie, Ontario, for a book signing event for her newly published book, Hold The Line: My Story From the Heart of the Freedom Convoy. Thursday, July 27
Creemore (Ontario) Book Signing Join Tamara Lich at The Station on the Green in Creemore, Ontario, for a family-friendly book signing event where you can purchase books and speak with Tamara directly.Friday, July 28
Huntsville (Ontario) Book Signing and Film Screening Tamara Lich will have a book signing table set up at the Rebel News Church Under Fire documentary screening with Producers Sheila Gunn Reid and Kian Simone. Saturday, July 29
Toronto (Ontario) Book Signing Tamara Lich will be joined by Ezra Levant, Tamara Ugolini, and David Menzies for a special book signing. All at the luxurious Eglinton Grande. Tuesday, August 1
Dresden (Ontario) Book Signing See Tamara Lich at The Old Czech Hall in Dresden, Ontario. Purchase a book, get it signed, and let Tamara thank you for your support. Wednesday, August 2
Aylmer (Ontario) Book Signing Hear from Tamara Lich and Pastor Hildebrandt at the Church of God. Books will be available for sale, and you can ask Tamara any questions. Thursday, August 3
Surrey (BC) Book Signing Join Tamara Lich at White Rock Seventh-day Adventist Church in Surrey, BC for a family-friendly book reading, signing, and question and answer session with attendees. Wednesday, August 9
Whistler (BC) Book Signing and Film Screening Tamara Lich and Rebel News head west to sign books and screen the documentary “Church Under Fire.” Joining Tamara will be Sheila Gunn Reid and Kian Simone. Thursday, August 10
Powell River (BC) Book Signing and Film Screening Rebel News’ Sheila Gunn Reid will be screening “Church Under Fire” at the Evergreen Theatre in Powell River, British Columbia. Tamara Lich will sign and sell books at the theatre too! Saturday, August 12
[The Canadian “justice” system is broken. Peaceful dissidents like Tamara Lich, one of the leaders of the Truckers’ Freedom Convoy faced a minor charge — “counselling mischief.” Yet, the vengeful judicial system, increasingly politicized, denied her bail for 57 days and then imposed draconian conditions. She’s gagged: she not allowed to go on social media or comment publicly on protests against COVID restrictions. Contrast her situation to accused Red Chinese spy Yuesheng Wang . He’s accused of stealing technical information from Hydro Quebec and passing it on to Red China. He’s a Chinese national with a work permit in Canada. Yet, he gets kid glove treatment from the courts. He gets bail, with the condition that he surrender his Chinese passport and keep his cellphone on him so that police can know his whereabouts. A kid could explain how he might flee. His Red Chinese spymasters (if he is, indeed, a spy) can easily reissue him a new passport and he could leave his phone at home and be ought of the country in a few hours. It’s a sick joke. Peacefully protest our woke government’s policies and the system want to keep you in jail. As a foreigner, steal Canadian technical secrets and you’re good to go. — Paul Fromm]
Alleged Chinese spy in Quebec freed on bail ahead of trial
Updated Nov. 28, 2022 4:41 p.m. EST Published Nov. 28, 2022 10:50 a.m. EST Share
Longueuil, Que. –
A former employee of Quebec’s power utility who is charged with spying on behalf of China was granted bail Monday, after a judge said the accused was more likely than not to stay in Canada awaiting trial.
Yuesheng Wang, 35, is the first person to be charged with economic espionage under Canada’s Security of Information Act. He also faces three charges under the Criminal Code: fraudulently using a computer, fraudulently obtaining a trade secret and breach of trust.
Federal prosecutors opposed his release because they felt he was a flight risk. But Quebec court Judge Marco LaBrie said detention pending trial wasn’t necessary because of the “serious guarantees” that Wang offered as a condition of release.
“Zero-risk doesn’t exist, but the court is convinced the probability is much more likely that Mr. Wang will remain in Canada and present himself for his trial,” LaBrie said, as Wang listened to a translation in Mandarin.
Wang agreed to surrender his Chinese passport, carry a cellphone at all times so police can use GPS to geolocate him, and put up his two properties as a guarantee. Wang must also check in weekly at RCMP headquarters and is forbidden from contacting the Chinese government — except to seek assistance with his case, and only after the contact is approved by his lawyer.
Wang, a Chinese national living in Canada on a work visa, worked in a specialized centre at Hydro-Quebec that developed technology for electric vehicles and energy-storage systems. He is alleged to have given information about the public corporation to a Chinese university and Chinese research centres, and to have transferred confidential documents and unauthorized photos to his personal email address. Police also allege that Wang used information without his employer’s consent, harming Hydro-Quebec’s intellectual property.
Last week, he took the witness stand during his two-day bail hearing — an unusual move, as most defendants don’t testify to the evidence against them during preliminary court proceedings. Wang denied all the charges and said he wanted to remain in Canada to clear his name.
During his testimony, Wang told the court that the information he is accused of stealing was “open source” and not a trade secret. He added that the photos he had taken of the laboratory were to identify security concerns. He said he had not shared the photos.
The judge said on Monday that there was no evidence presented at the bail hearing to suggest Wang had attempted to flee the country after his Nov. 14 arrest and his termination from Hydro-Quebec. He had been under RCMP surveillance for more than a month before he was charged.
Federal prosecutor Marc Cigana told reporters after the ruling that the judge’s decision was “legally sound.”
“The judge believed yes, there was a flight risk, but that risk was manageable, and he was able to manage it by imposing those conditions,” Cigana said.
“I respect the judge’s decision and I hope that Mr. Wang will also.”
Defence lawyer Gary Martin said he accepted with humility the judge’s ruling. “There’s still a lot of work to be done, many things that are still coming from the Crown,” Martin said. “I’m sure there’s more reports, more evidence, more surveillance tapes. We’ll have to work with that and get this case ready for a trial.”
Wang’s girlfriend, Yunfeng Zheng, put up $1,000 as part of his bail conditions. “Personally, I don’t think he’ll run away … I trust him very much,” Zheng told reporters.
The resident of Candiac, Que., will remain detained until a notary draws up a court-ordered mortgage for his properties. The case will return to court on Dec. 13.
