Tamara Lich was arrested in Medicine Hat, Alta., on a Canada-wide warrant on June 27 and, after being escorted to Ottawa by police, has remained in custody since then. Photo by Errol McGihon /Postmedia

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Tamara Lich will learn Friday whether she will be released or remain in custody at the Ottawa-Carleton Detention Center after her lawyers launched a lengthy challenge to the Crown’s latest effort to return the accused Freedom Convoy leader to prison. .

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Assistant Crown prosecutor Moiz Karimjee presented new evidence to the court on Tuesday of a series of text messages from Lich to co-accused organizer Chris Barber, including an exchange on January 23 in which he referred to a strategic decision to “block off” the city during three weekly demonstration escort. “They have a strategy to blockade the city,” Lich wrote. “I don’t want to make these decisions alone.” Lich was arrested in Medicine Hat, Alta., on June 27 and police escorted her to Ottawa on a Canada-wide warrant after she was accused of violating one of her parole conditions, which prohibits her from having any direct or indirect contact with her colleague. escort organizers. The Crown previously sought to revoke Lich’s bail and return her to prison in May for another alleged violation when she accepted an invitation to a gala in Toronto hosted by the Justice Center for Constitutional Freedoms.

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The judge in that bail review found no violation and allowed Lich to attend the gala, which she did on June 16 as the guest of honor. Karimjee on Tuesday played a video from that gala of Lich’s JCCF “Freedom Award” acceptance speech. The clip continues with Lich returning to her seat at the table, where she is greeted by Maxime Bernier and is then shown having a brief exchange of congratulations with Tom Marazzo, who is also sitting at the table. Marazzo is among the list of people connected to the convoy’s leadership that Lich is prohibited from contacting, under the terms of her release, unless an attorney is present. Karimjee also produced a photo from the event of a team including Lich and Marazzo – which was widely circulated on social media – as evidence of the alleged breach.

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Leach’s attorney, Lawrence Greenspon, argued that those actions were “so petty” that they were never intended to be covered by the parole terms and “should not have been prosecuted,” he said. “Does this court really need to hold Ms. Lich for what she did in Toronto?” Greenspon asked. “To do so…detention on this basis is not justified and would bring the administration of justice into disrepute. (These are) actions that were never intended to be barred under her parole conditions.” The release terms include a no-contact order that restricts Lich from contacting several key organizers of the entourage, but contains an exception for contact “through (legal) counsel or in the presence of counsel.”

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This clause was open to interpretation by both the Crown and the defence. Greenspon asked Det. Chris Benson, the lead investigator for escort cases for the Ottawa Police Service, and suggested Lich have lawyers present at the gala from the JCCF — which has acknowledged funding her legal defense and representing her in related civil proceedings. Karimjee argued that the exemption was granted “only to discuss legal matters (with a lawyer). not to pose for pictures’. The Crown further pointed to recently discovered text messages and said Leach had repeatedly shown a lack of respect for the justice system and the rule of law. “These texts – and many other pieces of evidence – add up to a mountain of evidence … a truckload of evidence,” Karimjee said.

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Lich’s court-approved surety, whose identity is protected by a publication ban, admitted it “absolutely” raised concerns when the photo of Lich and Marazzo surfaced. Lich, according to testimony, “confirmed” that she had the proper approval from her legal counsel and that the lawyers were standing just outside the frame when the photo was taken. The surety has already posted a $20,000 bond, which could be forfeited, and said they would be willing to post another $37,000 on Lich’s new charge. This bond, according to the guarantor’s testimony, would deplete a pension and life savings. Greenspan downplayed the video clip as “a congratulatory interaction (with Marazzo) that lasted less than three seconds.” Greenspon said Leach has already spent nine days in jail for the alleged violation – 12 days since the decision was issued – after being arrested on an “unprecedented” Canada-wide warrant.

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“This is the third attempt to put her back in jail,” Greenspon said. “The Crown is trying to convince the court that these are among the most serious offenses and he has already spent nine days in jail for an exchange of congratulations. This is so minimal that, if there was any communication at all, it was in the presence of counsel, or of such momentary transitory value, and not contrary to the purpose of the non-communication order.” Justice of the Peace Paul Harris said he gathered more than 40 pages of notes as he presided over Tuesday’s all-day hearing and told the court he would return Friday with a ruling. [email protected] Twitter.com/helmera

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